Loading...
HomeMy WebLinkAbout11-6037IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Plaintiff(s) & Address(es) PEYTON J. MOLL, a Minor, by LEIGHANN and SHANE MOLL, his Parents and Natural Guardians, 891 Pine Meadow Court Oconomowoc, WI 53066 Case No. ` 1- ll1. Vt?? Civil Term Civil Action vs. Defendant(s) & Address(es) -7 ~- r c . r --{ BRIAN GIBSON, Individually and BRIAN GIBSON nco c. _ rn t/d/b/a CHICK-FIL-A AT MECHANICSBURG ?- -cry 6416 Carlisle Pike, Suite 3500 cpr- tV o,:? Mechanicsburg, PA 17050 and CHICK-FIL-A, INC., and <? =01 s+' o Zn v CHICK-FIL-A, INC. t/d/b/a CHICK-FIL-A AT C (P --4 MECHANICSBURG q Z a 7"o c/o CT Corporation System 1635 Market Street Philadelphia, PA 19103 PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons in the above case. Writ of Summons shall be issued and forwarded to tto e herif Please Circle choice Date: 7/28/11 ?1 t Signa of ttomey _ Print Name: John B. Zonarich Address: 17 South Second Street. 6"' Fl. _ _ Harrisburg, PA 17101 Telephone #:717.233.1000 Supreme Court ID Number: 79989 S °` ..... ? a awe °h WRIT OF SUMMONS ?? Q a LD Sol YOU ARE NOTIFI HE ABOVE-NAMED PLAINTIFF(S VE COMMENCED AN ACTION AGAINST YOU. "? '1 Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS Court of Common Pleas Peyton J. Moll, a Minor, by Leighann and Shane Moll, his Parents and Natural Guardians 891 Pine Meadow Court Oconomowoc, WI 53066 Plaintiff Vs. No. 11-6037 Brian Gibson, Individually and Brian Gibson t/d/b/a CHICK-FIL-A AT MECHANICSBURG 6416 Carlisle Pike, Suite 3500 Mechanicsburg, PA 17050 And CHICK-FIL-A INC., and CHICK-FIL-A INC. t/d/b/a CHICK-FIL-A AT MECHANICSBURG 1635 Market Street Philadelphia, PA 19103 And In CivilAction-Law To: Brian Gibson, Individually and Brian Gibson t/d/b/a CHICK-FIL-A AT MECHANICSBURG AND CHICK-FIL-A INC. AND CHICK-FIL-A INC. t/d/b/a CHICK-FIL-A AT MECHANICSBURG You are hereby notified that the Plaintiff, Peyton J. Moll, a Minor by Leighann and Shane Moll,his parents and Natural Guardians, has commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) David D. Buell, Prothonotary Date July 29, 2011 By Deputy Attorney: John B. Zonarich, Esquire Address: 17 South Second Street, 6a' Floor, Harrisburg, PA 17101 Attorney for: Plaintiff Telephone: 717-233-1000 Supreme Court ID No. 79989 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, CIVIL DIVISION Plaintiff(s) & Address(es) PEYTON J. MOLL, a Minor, by LEIGHANN and SHANE MOLL, his Parents and Natural Guardians, 891 Pine Meadow Court Oconomowoc, WI 53066 vs. Defendant(s) & Address(es) BRIAN GIBSON, Individually and BRIAN GIBSON: t/d/b/a CHICK-FIL-A AT MECHANICSBURG 6416 Carlisle Pike, Suite 3500 Mechanicsburg, PA 17050 and CHICK-FIL-A, INC., and CHICK-FIL-A, INC. t/d/b/a CHICK-FIL-A AT MECHANICSBURG c/o CT Corporation System 1635 Market Street Philadelphia, PA 19103 PRAECIPE TO REISSUE WRIT OF SUMMONS TO THE PROTHONOTARY: > -< r ? ?<O _ =C:) C CA) M F C-) f Pursuant to Pa.R.C.P. No. 401(b)(1), please reissue the Writ of Summons in the above-captioned matter. Respectfully submitted, SZONARICH LLC Dated: 8/24/11 Case No. 11-6037 Civil Term By: Jo n 'ch, Esquire Iden - cation 079989 John . Zonari h, Esquire Identification No. 19632 Skarlatos & Zonarich Building 17 South Second Street, 6th Floor Harrisburg, Pennsylvania 17101-2039 717.233.1000 Attorneys for Plaintiff a QM? oc> 1°d o Ck i z3g $ ?? a(o3?3 CERTIFICATE OF SERVICE I, Sherry L. Devlin, an employee with the law firm of SkarlatosZonarich LLC hereby certify that I this day served a copy of the foregoing PRAECIPE TO REISSUE WRIT OF SUMMONS upon the person(s) indicated below by sending a copy of the same via regular, first class, United States Mail, postage prepaid, deposited at Harrisburg, Pennsylvania, and addressed as follows: Brian Gibson, Individual and Brian Gibson t/d/b/a Chick-Fil-A at Mechanicsburg 6416 Carlisle Pike, Suite 3500 Mechanicsburg, PA 17050 Dated: 8/24/11 AN &L erry L. De in Legal Assistant 2 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson F ILEO-(jF d- Sheriff ` 1 THE RROTHIO"o,rp =rti?,Jody S Smith ?? i SE? f Chief Deputy Pm, 14: Richard W Stewart r-UMBEBLANG CG,,WTY Solicitor PENNSYLMMA Peyton J. Moll vs Case Number . Brian Gibson (et al.) 2011-6037 SHERIFF'S RETURN OF SERVICE 08/02/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Chick-Fil-A, Inc. and Chick-Fil-A, Inc. t/d/b/a Chick-Fil-A at Mechanicsburg c/o CT Corporation System, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Philadelphia County, Pennsylvania to serve the within Writ of Summons according to law. 08/04/2011 01:24 PM - William Cline, Corporal, who being duly sworn according to law, states that on August 4, 2011 at 1324 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Brian Gibson, Individually and Brian Gibson t/d/b/a Chick-Fil-A at Mechanicsburg, by making known unto himself personally, at 6416 Carlisle Pike, Suite 3500, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him person ly the said true and correct copy of the same. WILLIAM LIN , DEPUTY 08/16/2011 Philadelphia County Return: And now, August 16, 2011 at 1410 hours I, Charles Ondrejka, Sheriff of Philadelphia County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry fo Chick-Fil-A, Inc. and Chick-Fil-A, Inc. t/d/b/a Chick-Fil-A at Mechanicsburg c/o CT Corporation System the defendant named in the within Writ of Summons and that I am unable to find them in the County of Philadelphia and therefore return same NOT FOUND. CT Corporation System is currently doing business at 116 Pine Street, Suite 320, Harrisburg, Pennsylvania 17101. 08/26/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Chick-Fil-A, Inc. and Chick-Fil-A, Inc. t/d/b/a Chick-Fil-A at Mechanicsburg C/O CT Corporation System, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Writ of Summons according to law. 08/31/2011 01:30 PM - Dauphin County Return: And now August 31, 2011 at 1330 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return that I served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Chick-Fil-A, Inc. and Chick-Fil-A, Inc. t/d/b/a Chick-Fil-A at Mechanicsburg, C/O CT Corporation System by making known unto Sandra Schwalm, Corporate Office Specialist for CT Corporation System at 116 Pine Street, Suite 320, Harrisburg, Pennsylvania 17101 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $79.88 September 06, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF c CowltySWte S-erff. ie!ec: it. ^c. of th'e' *4erfff William T. Tully Solicitor Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Jack Duignan Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin PEYTON MOLL CHICK-FIL-A INC. Sheriff s Return No. 2011-T-3341 OTHER COUNTY NO. 20116037 VS And now: AUGUST 31, 2011 at 1:30:00 PM served the within REISSUED WRIT OF SUMMONS upon CHICK-FIL-A INC. by personally handing to SANDRA SCHWALM 1 true attested copy of the original REISSUED WRIT OF SUMMONS and making known to him/her the contents thereof at 116 PINE STREET SUITE 320 HBG PA 17101 CORPORATE OPERATIONS SPECIALIST Sworn and subscribed to before me this 1ST day of September, 2011 -)P*,z COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County M Commission Expires August 17, 2014 So Annsswers,! B Deputy Sheriff Deputy: DARIN S SHERF Y Sheriffs Costs: $41.25 8/30/2011 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PEYTON J. MOLL, a Minor, by Case No. 11-6037 LEIGHANN and SHANE MOLL, his Parents and Natural Guardians, Civil Action -Law Plaintiff, vs. BRIAN GIBSON, Individually and BRIAN GIBSON t/d/b/a CHICK-FIL-A AT MECHANICSBURG, CHICK-FIL-A, INC., and CHICK-FIL-A, INC. t/d/b/a CHICK-FIL-A AT MECHANICSBURG, Defendants. `ti?7 N M n 'ma = -f r `rm -p PLAINTIFF'S EMERGENCY MOTION TO COMPEL DISCOVERY AND FOR SANCTIONS AGAINST DEFENDANTS BRIAN GIBSON, INDIVIDUALLY AND BRIAN GIBSON t/d/b/a CHICK-FIL-A AT MECHANICSBURG AND NOW comes Plaintiff, by and through his counsel, SkarlatosZonarich, LLC, pursuant to Rule 208.1 and Rule 4019 of the Pennsylvania Rules of Civil Procedure, and moves this Honorable Court for an order compelling discovery and issuing sanctions against Defendants Brian Gibson individually and Brian Gibson t/d/b/a Chick-Fil-A at Mechanicsburg (hereinafter "Defendant Gibson"); and in support thereof, provides the following: SUMMARY Defendant Gibson is willfully evading Plaintiff's Pre-Complaint Discovery to prejudice Plaintiff and render him unable to discover facts necessary to the preparation of his complaint, and conceal the identity of potential additional defendants, until the expiration of the Statute of Limitations on October 13, 2011. PARTIES 2. Plaintiff Peyton J. Moll is a minor who when two (2) years old suffered significant burns and permanent injuries on October 13, 2009, such injuries resulting from coffee being spilled on him at the restaurant known as Chick-Fil-A at Mechanicsburg. Defendant Brian Gibson is the operator, franchisee, and / or manager of the restaurant known as Chick-Fil-A at Mechanicsburg. 4. Defendant Chick Fil-A, Inc. is an active foreign business corporation registered to do business in Pennsylvania. Chick Fil-A is the second largest quick-service chicken restaurant chain in the United States. RELEVANT PROCEDURE HISTORY This action was initiated by Writ of Summons on July 29, 2011. 6. On August 4, 2011, service of the Writ of Summons was made on Defendant Gibson by the Sheriff of Cumberland County at the location of the restaurant known as Chick- Fil-A at Mechanicsburg, 6416 Carlisle Pike, Suite 3500, Mechanicsburg, Cumberland County, Pennsylvania 17050.1 A copy of the Sheriff s Return of Service Form is attached hereto as Exhibit 1. 7. On August 22, 2001, and pursuant to Pa. R.C.P. 4003.8, Pa. R.C.P. 4005 and Pa. R.C.P. 4009.11, Plaintiff served his Pre-Complaint Interrogatories and Pre-Complaint Request for Production of Documents (collectively "Pre-Complaint Discovery") on Defendant Gibson to assist in the preparation of Plaintiff's complaint. A copy of Plaintiff's Pre-Complaint A re-issued Writ of Summons was served on Defendant Chick-Fil-A on August 31, 2011. 2 Plaintiff s Pre-Complaint Discovery was served on Defendant Gibson on August 22, 2011 by U.S. First Class Mail and separately by U.S. Certified Mail, return receipt signed by Defendant Gibson and U.S. Postal Service delivery confirmed; both being addressed to the location of the restaurant, such location being the address at which 2 Interrogatories and Pre-Complaint Request for Production of Documents addressed to Defendant Gibson are attached hereto as Exhibits 2 and 3, respectively. 8. Pursuant to Pa. R.C.P. 4006 and Pa. R.C.P. 4009.12, Defendant Gibson's answers and objections, if any, to Plaintiff's Pre-Complaint Interrogatories and Pre-Complaint Request for Production of Documents were to be served on Plaintiff by September 22, 2011. MOTION TO COMPEL DISCOVERY AND FOR SANCTIONS 9. As of the date of this Motion, Defendant Gibson: (a) Has not answered, objected, or responded in any other way to Plaintiff's Pre-Complaint Discovery; (b) Has not requested any extension within which to provide his responses to Plaintiff's Pre-Complaint Discovery; and (c) Has not made any pro se filing in this matter, nor has any attorney entered an appearance on his behalf. 10. The statute of limitations applicable to Plaintiff's anticipated causes of action will run on Thursday, October 13, 2011. 11. Defendant Gibson is willfully evading Plaintiff s Pre-Complaint Discovery so as to prejudice Plaintiff and render him unable to discover facts necessary to the preparation of his complaint, and conceal the identity of potential additional defendants, until the expiration of the Statute of Limitations on October 13, 2011. 12. Accordingly, Plaintiff files this motion to compel discovery and for sanctions so that Plaintiff is not prejudiced by Defendant Gibson's evasiveness and concealment. 13. No judge has ruled on any other issue in this or any related matter. 14. Given the urgency of this matter, Defendant Gibson's demonstrated Defendant Gibson was served with the Writ of Summons. 3 evasiveness/concealment, and due to the current lack of appearance of counsel on his behalf, no concurrence in this motion has been sought. WHEREFORE, Plaintiff prays this Honorable court for the entry of an Order: a) Compelling Defendant Gibson to serve his answers to Plaintiff's Pre-Complaint Interrogatories and Plaintiff's Pre-Complaint Request for Production of Documents no later than October 10, 2011; .such date being three (3) days prior to the running of the statute of limitations on October 13, 2011; b) Declaring that Defendant Gibson's objections, if any, to any of Plaintiff's pre- complaint interrogatories and requests for production of documents are waived by reason of Defendant Gibson's failure to comply with the Pennsylvania Rules of Civil Procedure; C) Tolling the Statute of Limitations; d) Refusing all defendants from using of the defense, or otherwise invoking the bar of, the Statute of Limitations to oppose Plaintiff's claims or the joining of additional parties; and e) For any such other relief as this Court deems proper. CH LLC Dated: 10105/11 By: John 141c Esquire IdentUition No. 19632. John B. Zonarich, squire Identification No. 7 89 Brian W. Mains, Esquire; Identification No. 310479 Skarlatos & Zonarich Building 17 South Second Street, 6th Floor Harrisburg, Pennsylvania 17101-2039 717.233.1000 (Telephone) Attorneys for Plaintiff 4 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ?Qartitk, of clutibeet. Jody S Smith 44 Chief Deputy 11 Richard W Stewart 4FFICBOFTHESkERIFF Solicitor Peyton J. Moll I Case Number vs. 2011-6037 Brian Gibson (et al.) SHERIFF'S RETURN OF SERVICE 08/02/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Chick-Fil-A, Inc. and Chick-Fil-A, Inc. t/d/b/a Chick-Fil-A at Mechanicsburg c/o CT Corporation System, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Philadelphia County, Pennsylvania to serve the within Writ of Summons according to law. 08/04/2011 01:24 PM - William Cline, Corporal, who being duly sworn according to law, states that on August 4, 2011 at 1324 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Brian Gibson, Individually and Brian Gibson t/d/b/a Chick-Fil-A at Mechanicsburg, by making known unto himself personally, at 6416 Carlisle Pike, Suite 3500, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him person ly the said true and correct copy of the same. I LIAM LIN ,DEPUTY 08/16/2011 Philadelphia County Return: And now, August 16, 2011 at 1410 hours I, Charles Ondrejka, Sheriff of Philadelphia County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry fo Chick-Fil-A, Inc. and Chick-Fil-A, Inc. t/d/bla Chick-Fil-A at Mechanicsburg c/o CT Corporation System the defendant named in the within Writ of Summons and that I am unable to find them in the County of Philadelphia and therefore return same NOT FOUND. CT Corporation System is currently doing business at 116 Pine Street, Suite 320, Harrisburg, Pennsylvania 17101. --08/26/201-1--Ronny-R-Anderson-Sheriff who being duly sworn according to law states that he made a diligent -search--------' and inquiry for the within named defendant, to wit: Chick-Fil-A, Inc. and Chick-Fil-A, Inc. t/d/b/a Chick-Fil-A at Mechanicsburg C/O CT Corporation System, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Writ of Summons according to law. 08/31/2011 01:30 PM - Dauphin County Return: And now August 31, 2011 at 1330 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return that I served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Chick-Fil-A, Inc. and Chick-Fil-A, Inc. t/d/b/a Chick-Fil-A at Mechanicsburg, C/O CT Corporation System by making known unto Sandra Schwalm, Corporate Office Specialist for CT Corporation System at 116 Pine Street, Suite 320, Harrisburg, Pennsylvania 17101 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $79.88 September 06, 2011 SO ANSWERS, RbNI`V R ANDERSON, SHERIFF (c) CounlySulle Sheriff, TeleosoR, Inc. ?? ?? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PEYTON J. MOLL, a Minor, by LEIGHANN and SHANE MOLL, his Parents and Natural Guardians, . Plaintiff, VS. BRIAN GIBSON, Individually and BRIAN GIBSON t/d/b/a CHICK-FIL-A AT MECHANICSBURG, CHICK-FIL-A, INC., and CHICK-FIL-A, INC. t/d/b/a CHICK-FIL-A AT MECHANICSBURG, Defendants. PLAINTIFF'S PRE-COMPLAINT INTERROGATORIES ADDRESSED TO DEFENDANTS BRIAN GIBSON, INDIVIDUALLY AND BRIAN GIBSON t/d/b/a CHICK-FIL-A AT MECHANICSBURG TO: BRIAN GIBSON, Individually and BRIAN GIBSON t/d/b/a CHICK-FIL-A AT MECHANICSBURG, 6416 Carlisle Pike, Suite 3500, Mechanicsburg, PA 17050. Case No. 11-OU3l : Civil Action -Law PURSUANT TO THE PROVISIONS of the Pennsylvania Rules of Civil Procedure, you are required to serve a copy on the undersigned, of your answers and objections, if any, in writing and under oath, to the following interrogatories, within thirty (30) days after service of these interrogatories. TOSZONARICH LLC Dated: August 22, 2011 By: Jolin ]$. Zr l% Esquire NATURE OF THE CAUSE OF ACTION This civil cause of action, sounding in but not limited to negligence and premises liability, arises from the acts and omissions of the Defendants on October 13, 2009 whereupon plaintiff Peyton J. Moll, then two years old, suffered significant burns and permanent injuries, such injuries resulting from coffee being spilled on him at the restaurant known as Chick-Fil-A at Mechanicsburg, located in Mechanicsburg, Cumberland County, Pennsylvania. This set of pre-complaint interrogatories is served to assist in the preparation of the Complaint. DEFINITIONS 1. "ANY" shall also mean "ALL" and vice versa. 2. The conjunctions "AND" and "OR" shall be interpreted to mean "and/or"AND shall not be interpreted to exclude ANY information otherwise within the scope of any request. Mechanicsburg. plural, shall mean Brian Gibson, 3. "DEFENDANT" whether used i the individually and Brian Gibson t/d/b 4. "PERSON" whether used in the singular or plural, shall mean ANY individual, firm, partnership, corporation, association, organization, business OR governmental entity OR subdivision, agency, department, AND ANY "PERSON" acting by OR through, directly OR indirectly, ANY other "PERSON" as well as ANY "PERSON" by whom such "PERSON" was controlled with respect to the matter in question. 5 "YOU" and/or "YOUR' shall mean DEFENDANT, as well as his agents, attorneys, employees, accountants, consultants, independent contractors, AND ANY other PERSON associated with OR affiliated with DEFENDANT OR purporting to act on DEFENDANT'S behalf with respect to the matter in question. 6. "CUSTODIAN" shall mean the PERSON having POSESSION, CUSTODY, OR CONTROL of ANY WRITING OR physical evidence. 7. The term "POSSESSION, CUSTODY OR CONTROL" includes the joint OR several possession, custody OR control to act in c ncert with OR behalf of DEFENDANT wh thALL er PERSONS acting OR purporting as an agent, employee, attorney, accountant OR otherwise. g. "SUBJECT PREMISES" shall mean Chick-Fil-A at Mechanicsburg, located at 6416 Carlisle Pike, Suite 3500, Mechanicsburg, PA 17050. 9. "INCIDENT" shall mean the accident, event, or occurrence taking place at the SUBJECT PREMISES on OR about Tuesday, October 13, 2009 involving Plaintiff Peyton J. Moll. 10. "IDENTIFY" means when used in reference to: (a) a WRITING, means to state separately: (1) its description (e.g. letter, report, memorandum, email, facsimile, etc.); (2) its date; (3) its subject matter; (4) the identity of each author or signer; AND, (5) its present location and the identity of its CUSTODIAN. (b) a natural person or persons, means to state separately: (1) the full name of each such person; (2) his or her present or last known business address and his or her present or last known residential address; AND (3) the employer of the person at the time to which the interrogatory answer is directed and the person's title or position at that time. (c) an or anization or entity other than a natural Person (e.g., a company, corporation, firm, association, or partnership), to state separately: (1) the full name and type of organization or entity; (2) the date and state of organization or incorporation; (3) the address of each of its principal places of business, AND, (4) the nature of the business conducted. 11. "WRITING" shall mean, without limitation, ANY AND ALL handwritten material, typewritten material, electronic material, printed material, photocopies, photographs, AND every other means of recording upon ANY tangible thing, together with ANY form of communication OR other representation however preserved, produced, reproduced, OR maintained, of ANY type OR description, regardless of origin OR location. -iv- PRE-COMPLAINT INTERROGATORIES 1. Please state the full name, address, job title and present employer of each PERSON answering and assisting in answering these pre-complaint interrogatories on behalf of defendant, Brian Gibson, individually and Brian Gibson t/d/b/a Chick-Fil-A at Mechanicsburg. ANSWER: -1- thlicensed e INCIDENT. (a/k/a Operator) that operated the 2. State the full name and address of the SUBJECT PREMISES on the date ANSWER: -2- State the full name and address of each PERSON having an ownership interest in the licensed franchisee (a/k/a Operator) that operated the SUBJECT PREMISES on the date of the INCIDENT. ANSWER: -3- 4. State the name and address of each PERSON who operated the SUBJECT PREMISES on the date of the INCIDENT. ANSWER: -4- State the name and address of each PERSON who leased the SUBJECT PREMISES on the date of the INCIDENT. ANSWER: -5- 6. State the name and address of each PERSON who subleased the SUBJECT PREMISES on the date of the INCIDENT. ANSWER: -6- 7. State the name and address of each owner of the SUBJECT PREMISES on the date of the INCIDENT. ANSWER: -7- If the PERSON identified in YOUR answer to the preceding interrogatory was not also the SES ENTregular occupant OR ease IDE regular occupant of the UB ECTT PREMIn the date of the NTIFY occupants of the SUB ANSWER: -8- State the name and address of the o Pof the ERSON possession and/or control of the SUBJECT PREMISES on the ANSWER: -9- 10. State the name and address ofENeTPERSON ed on the date of the INCIDENT. B?CT PREMISES where the INC? ANSWER: -10- 11. State the name and current address of the PERSON who transported the coffee to the table where Plaintiff Peyton J. Moll was located at the time of the INCIDENT. ANSWER: -11- 12. Please IDENTIFY the employer of the PERSON, at the time of the INCIDENT, identified in the previous interrogatory. ANSWER: -12- 13. State the name and current address of the PERSON who spilled the coffee at the table where plaintiff Peyton J. Moll was located at the time of the INCIDENT. ANSWER: -13- 14. Please IDENTIFY the employer of the PERSON identified in the previous interrogatory. ANSWER-. -14- 15. Please IDENTIFY the employer of Brian Gibson at the time of the INCIDENT. ANSWER: -15- 16. State whether or not YOUR spouse was working the INCIDENT. ANSWER: at the SUBJECT PREMISES at the time of -16- 17. Please state ANY position, title, or responsibility held by YOUR spouse as it pertained to the operation of the SUBJECT PREMISES at the time of the INCIDENT. ANSWER: -17- 18. IDENTIFY all PERSONS who were parties to the Licensing Agreement (a/kla franchise agreement) pertaining to the SUBJECT PREWSES at the time of the INCIDENT. ANSWER: -18- 19. Have DEFENDANTS been sued under their correct names? If not, state the correct name and explain your answer so that service may be properly obtained. ANSWER: -19- t IN THE COURT OF COMMON PLEAS CUMBERLAND CO DIVISION Y, SYLVANIA CIVIL Case No. 11-6037 PEYTON J. MOLL, a Minor, ?OLL, his Parents LEIGHANN and SHANE :Civil Action -Law and Natural Guardians, Plaintiff, VS. BRIAN GIBSON, Individually and BRIAN GIBSON t/d/b/a CHICK-FIL-A AT MECHANICSBURG, CHICK-FIL-A, INC., and CHICK-FIL-A, INC. t/d/b/a SB CHICK-FIL-A AT MEC A nSBURG, CERTIFICATE OF SERVICE I, Sherry L. Devlin, an employee of Skarlato ADDRESSED TO served a copy of PLAINTIFF'S PRE-COMPLAINT INTERROGATORIES DEFENDANTS BRIAN GIBSON INDIVIDUALLY AND BRIANedGIBSoONi /d/b/ / and regular CffiCK-FIL-A AT MEC?ICSBURG upon the person(s) m certified, return receipt requested, U.S. Mail, postage prepaid at Harrisburg, Pennsylvania, and addressed as follows: BRIAN GIBSON, Individually and BRIAN GIBSON t/d/b/a CHICK-FIL-A AT MECHANICSBURG 6416 Carlisle Pike, Suite 3500 Mechanicsburg, PA 17050 U.S. Certified Mail No. 7155 5474 4100 7752 1966 Dated: 8/22/11 erry L. D lin Legal Assist t 3 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION : Case No. 11-6037 PEYTON J. MOLL, a Minor, by LEIGHANN and SHANE MOLL, his Parents :Civil Action -Law and Natural Guardians, Plaintiff, Vs. BRIAN GIBSON, Individually and BRIAN GIBSON t/d/b/a CHICK-FIL-A AT MECHANICSBURG, CHICK-FIL-A, INC., and CHICK-FIL-A, INC. t/d/b/a CHICK-FIL-A AT MECHANICSBURG, Defendants. PLAINTIFF'S PRE-COMPLAINT REQUEST FOR PRODUCTION OF DOCUMENTS ADDRESSED TO DEFENDANTS, BRIAN GIBSON INDIVIDUALLY AND BRIAN GIBSON t/d/b/a CHICK FIL-A AT MECHANICSBURG TO: BRIAN GIBSON, Individually and BRIAN 00 Me IBSON /b/aPA H1II p FIL-A AT MECHANICSBURG, 6416 Carlisle Pike, Suite AND NOW, comes the Plaintiff, by and through his counsel, SkarlatosZonarich LLc, and e things described hereby requests that the above named defendants produce for inspection and olr photocopying by below, pursuant to the Pennsylvania Rules of Civil Procedure, Plaintiff, Plaintiff's attorneys and agents. The documenth F ooblHarrisburgaPennsyl vania17101e offices of SkarlatosZonarich LLC, 17 South Second Street, within thirty (30) days after service of this request, at 1:00 p.m. or at such other time and place that the parties may mutually agree. In responding to this request, you shall utilize the definitions and follow the instructions hereinafter set forth, each of which shall be deemed a material part of this request. LC By: Dated: August 22, 2011 NATURE OF THE CAUSE OF ACTION premises liab This civil cause of action, sounding in but onot limited n October to 13n2009 whereupon Plaintiff Peyton arises from the acts and omissions of the Defendants Moll, then two years old, suffered significant bums an a Cperanent hnck-Fil-AJat uriMeches, located in from coffee being spilled on him at the restauranMechanicsburg, Cumberland County, Pennsylvania. This request for production of documents is served to assist in the preparation of the Complaint. - ii - INSTRUCTIONS FOR RESPONDIINTO REQUEST FOR PRODUCTION OF DOCUMENTS A. With respect to each of the following requests, you shall identify and/or produce all ent documents which are known to you or which ntlocated attorneysso? accountantsuincludg g blugnot effort on the part of you, your employees, representatives, or accessible to you, emplemployees, t or limited to, all documents which are in the business possession of your representatives, attorneys or ac your representatives, attorneys or accountants. documents requested herein have been lost or destroyed, you shall provide in lieu er with of a true and correct copy thereof, a list of each document B. If any such dooument; (3) hhe author of following information: (1) the date of origin, () brief statement such document; (4) the date upon which the document was lost or destroyed; and (5) a of the manner in which the document was lost or destroyed. C. If you object to the production of any document on the grounds that a privilege is applicable thereto, you shall, with respect to that document, state: (1) the date of origin of the document; (2) the author of the document; (3) identify each person who prepared or participated in the preparation of the document; (4) the present location of the document and all copies thereof; and, (5) Provide sufficient information concerning the document and the circumstances thereof to substantiate the claim of privilege and to permit the adjudication of the propriety of that claim. D. In the event that more than one copy of the document exists, the original shall be produced, as well as every copy on which appears any notation or marking of any sort not appearing on the original. E. For any documents that are stored or maintained in files in the normal course of business, such documents shall be produced in such nfiles, or in such a manner as to preserve and indicate the file from which such documents were taken. F. The following requests shall be deemed continuing so as to require further and supplemental production of documents by you in accordance with Pennsylvania Rule of Civil Procedure. - iii - DEFINITIONS 1. "Any" shall also mean-alp, and vice versa. 2. The conjunctions "and" and "or" shall be interpreted to mean "and/or" and shall not be interpreted to exclude any information otherwise within the scope of any request. 3. "Document" or "documents" includes without limitation any written, typed, printed, recorded, or graphic matter, however preserved, produced, or reproduced, of any type or description, regardless of origin or location, including without limitation any binder, cover note, certificate, letter, correspondence, record, table, chart, analysis, graph, schedule, report, test, study memorandum, note, list, diary, log, calendar, telex, message (including but not limited to inter-office and intro-office communications), questionnaire, bill, purchase order, shipping order, contract, memorandum of contract, agreement, assignment, license, certificate, permit, ledger, ledger entry, book of account, check, order, invoice, receipt, statement, financial data, acknowledgement, computer or procession card, computer or data processing disk, computer generated matter, photograph, photographic negative, phonograph recording, transcript or log of such recording, projection, videotape, firm, microfiche, and all other data compilations from which information can be obtained or translated, reports and/or summaries of investigations, drafts and revisions of drafts of any documents and original preliminary notes or sketches, no matter how produced or maintained, in your actual or constructive possession, , or additional custody or control, or the existence of which If a document has been prepared in several copies, or released by you or by any other person copies have been made, or copies are not identical (or by which reason of subsequent modification of a copy by the addition of notations or other modifications, are no longer identical), each non-identical copy as a separate document. effort. known to you and every such 4. "All Documents" means every document as above document which may be located or discovered reasonable with 5. "Relating to" means consisting of, referring to, describing, discussing, constituting, evidencing, containing, reflecting, mentioning, concerning, pertaining to, citing, summarizing, analyzing, or bearing any logical or factual connection with the matter discussed. 6. "You" and/or "your" shall mean Defendants, as well as their agents, attorneys, employees, accountants, consultants, independent contractors, and any other individual or entity associated with or affiliated with Defendants or purporting to act on Defendants' behalf with respect to the matter in question. - iv - DOCUMENTS REQUESTED 1. All documents relating to the Management Agreement or Licensing Agreement or Franchise Agreement under which the premises known as Chick-Fil-A at Mechanicsburg, located at 6416 Carlisle Pike, Suite 3500, Mechanicsburg, PA 17050 was operated on October 13, 2009; including but not limited to: a) the Management Agreement(s); b) the Licensing Agreement(s); C) the Franchise Agreement(s); and, d) the Franchise Application(s). ANSWER: lease wn as 2, Any and all documents relating to C lisle PikeaS t s3500,sMechanicsburgePA o 71 050 Chick-Fil-A at Mechanicsburg, located at 6 in force and effect on October 13, 2009; including but not limited to: a) the lease(s); and, b) any sublease(s). ANSWER: -2- 3 Any and all documents related to the employment status of the person or persons who transported the coffee to, and or spilled the COff located on October located 13, 2009 including but not Mechanicsburg, where plaintiff Peyton J. Moll was limited to: a) the completed employment application(s) submitted by the person(s); b) the completed W-4 form(s) submitted by the person(s); C) the completed I-9 form(s) submitted by the person(s); and, d) the completed Pennsylvania New Hire Form(s). ANSWER: -3- LLC By: Dated: 8/22/11 John ch, Esquire TriPntl , a .o No. 79989 -4- Skarla os & ?qnarich Building 17 South Second Street, 6th Floor Harrisburg, Pennsylvania 17101-2039 717.233.1000 Attorneys for Plaintiff CERTIFICATE OF SERVICE he L. Devlin, an employee of the law firm of SkarlatosZonarich LLC, counsel for I, S ITY J. Moll, hereby certify that I this day served a copy of the foregoing PLAINTIFF'S Plaintiff Peyton __ . ,-.,nvc!Qvn Tn UDrp1vL? AT ME CHp,NICSBURG upon the person(s) indicated below by regular and certified, return receipt re uested, U.S. Mail, postage prepaid, at Harrisburg, Pennsylvania, and addressed as follows: q BRIAN GIBSON individually and BRIAN GIBSON t/d/b/a CHICK-FIL-A AT MBCHANICSBURG 6416 Carlisle Pike +Suite 3500 Mechanicsburg, PA 17050 U.S. Certified Mail No. 7155 5474 4100 7752 1966 --.- ?L- Dated: 8/22/11 By: ?'Sheny L. D lin Legal Assistant CERTIFICATE OF SERVICE err L. Devlin, an employee with the Law Firm of SkarlatosZonarich LLC, hereby I, Sh y O I this da served a copy of the foregoing PLAINTIFF'S EMERGENCY MOTI N certify that y TTN A AT-r-- BRIAN Federal Express mail addressed as follows: Brian Gibson, Individually and Brian Gibson t/d/b/a Chick-Fil-A at Mechanicsburg 6416 Carlisle Pike, Suite 3500 Mechanicsburg, PA 17050 Federal Express Tracking No. 7975 9191 4126 Inc Chick-Fil-A, Inc., and Chicc ai Abu g t/d/b/a Chick-Fil-A At Me c/o CT Corporation System 116 Pine Street, Suite 320 Harrisburg, PA 17101 Federal Express Tracking No. 7975 9194 0557 Dated: 10/05/11 Sh rry L. Dev fn Legal Assista 5 V1LVV? ECHANICSBURG upon the person(s) indicated below by sending a copy of the same via M PEYTON J. MOLL, a minor by IN THE COURT OF COMMON PLEAS OF LEIGHANN and SHANE MOLL, his CUMBERLAND COUNTY, PENNSYLVANIA Parents and Natural Guardians, PLAINTIFFS V. BRIAN GIBSON, Individually and BRIAN GIBSON t/d/b/a CHICK-FIL-A AT MECHANICSBURG, CHICK-FIL-A, INC., and CHICK-FIL-A, INC. t/d/b/a CHICK-FIL-A AT MECHANICSBURG, DEFENDANTS AND NOW, this 11-6037 CIVIL TERM ;gym m-,, mm o 4 P1F -- ; .. r u? - ?'n ?- D: -T1 CD CQ ORDER OF COURT day of October, 2011, upon consideration of Plaintiffs' emergency motion to compel discovery and for sanctions, a Rule is issued on Defendants to show cause why the relief requested should not be granted. Rule returnable fifteen (15) days after service. By the Court, Albert H. Maslan , J. / , ? _? det? vered . ? John R. Zonarich, Esquire`' For Plaintiffs Brian Gibson, Individually and Brian Gibson - t/d/b/a Chick-Fil-A at Mechanicsburg 6416 Carlisle Pike, Suite 3500 Mechanicsburg, PA 17050 /o nK8 Chick-Fil-A, Inc., and Chick-Fil-A, Inc. t/d/b/a/ Chick-Fil-A At Mechanicsburg c/o CT Corporation System 116 Pine Street, Suite 320 Harrisburg, PA 17101 :saa gf {n NAULTY, SCARICAMAZZA & McDEVITT, LLC BY: GERARD X. SMITH, ESQUIRE Identification Number: 40927 1617 John F. Kennedy Boulevard One Penn Center, Suite 750 Philadelphia, PA 19103 (215) 568-5116 t t T 1'i =RL?", D COUNTY rNNSYLVANIA ATTORNEY FOR DEFENDANTS PEYTON J. MOLL, a minor, by LEIGHANN and I COURT OF COMMON PLEAS SHANE MOLL, his p/n/g CUMBERLAND COUNTY VS NO. 11-6037 BRIAN GIBSON, individually and BRIAN GIBSON t/d/b/a CHICK-FIL-A AT MECHANICSBURG, CHICK-FIL-A, INC. and CHICK-FIL-A, INC. t/d/b/a CHICK-FIL-A AT MECHANICSBURG Plaintiff filed a Motion to Compel Discovery and for Sanctions against Defendants on or about October 5, 2011. 2. This Honorable Court issued a Rule on October 5, 2011 which was returnable fifteen (15) days after service thereof which required Defendants to show cause why the relief requested by Plaintiff should not be granted. 3. Defendants provided Plaintiff with Responses to their Pre-Complaint Interrogatories and Request for Production of Documents via email and regular mail on October 19, 2011. 4. As such, it is Defendants' position that Plaintiff's Motion is now moot and should be dismissed as same. 5. Defendants seek an Order from this Honorable Court denying Plaintiff's Motion to Compel and for Sanctions. Respectfully submitted, NAULTY,;S`? CA & McDEVITT, LLC BY: GERAR X. SMITH, ESQUIRE Attorney for Defendants NAULTY, SCARICAMAZZA & McDEVITT, LLC. BY: GERARD X. SMITH, ESQUIRE Identification Number: 40927 1617 John F. Kennedy Boulevard One Penn Center, Suite 750 Philadelphia, PA 19103 (215) 568-5116 ATTORNEY FOR DEFENDANTS PEYTON J. MOLL, a minor, by LEIGHANN and ; COURT OF COMMON PLEAS SHANE MOLL, his p/n/g CUMBERLAND COUNTY VS NO. 11-6037 BRIAN GIBSON, individually and BRIAN GIBSON t/d/b/a CHICK-FIL-A AT MECHANICSBURG, CHICK-FIL-A, INC. and 1 CHICK-FIL-A, INC. t/d/b/a CHICK-FIL-A AT MECHANICSBURG VERIFICATION I, Gerard X. Smith, Esquire, do hereby verify that I am attorney for the Defendants in the foregoing action and that the facts set forth in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. NAULTY, SCARICAMAZZA & McDEVITT, LLC BY: Gerard X. Smith, Esquire Attorney for Defendants -- 2 -- NAULTY, SCARICAMAZZA & McDEVITT, LLC BY: GERARD X. SMITH, ESQUIRE Identification Number: 40927 1617 John F. Kennedy Boulevard One Penn Center, Suite 750 Philadelphia, PA 19103 (215) 568-5116 ATTORNEY FOR DEFENDANTS PEYTON J. MOLL, a minor, by LEIGHANN and ; COURT OF COMMON PLEAS SHANE MOLL, his p/n/g ; CUMBERLAND COUNTY VS ; NO. 11-6037 BRIAN GIBSON, individually and BRIAN GIBSON t/d/b/a CHICK-FIL-A AT MECHANICSBURG, CHICK-FIL-A, INC. and CHICK-FIL-A, INC. t/d/b/a CHICK-FIL-A AT MECHANICSBURG CERTIFICATE OF SERVICE I, Gerard X. Smith, Esquire, hereby certify that the foregoing Response to Plaintiff's Motion was sent via overnight mail to the Prothonotary on October 20, 2011. Said pleading has been served upon all opposing counsel or unrepresented parties via e-mail or by U.S. Mail, First Class, postage prepaid, addressed as follows: John B. Zonarich, Esquire 17 South Second Street, 6th Floor Harrisburg, PA 17101 NAULTY, SCARICAMAZZA & McDEVITT, LLC BY:.` ?T GERARD X. SMITH, ESQUIRE Attorney for Defendants -- 3 -- PEYTON J. MOLL, a minor by IN THE COURT OF COMMON PLEAS OF LEIGHANN and SHANE MOLL, his CUMBERLAND COUNTY, PENNSYLVANIA Parents and Natural Guardians, PLAINTIFFS V. BRIAN GIBSON, Individually and BRIAN GIBSON t/d/b/a CHICK-FIL-A AT: MECHANICSBURG, CHICK-FIL-A, : INC., and CHICK-FIL-A, INC. t/d/b/a CHICK-FIL-A AT MECHANICSBURG, DEFENDANTS rn 7D CD CD , 11-6037 CIVIL TERM = . 7 ORDER OF COURT AND NOW, this day of October, 2011, upon consideration of Defendants' response to Plaintiff's emergency motion to compel discovery and for sanctions and upon further consideration of Plaintiff's praecipe to withdraw said motion, the motion is hereby DISMISSED as moot. By the Court, l? Albert H. Masland, J. John R. Zonarich, Esquire 17 South Second Street, 6th Floor Harrisburg, PA 17101-2039 For Plaintiffs Brian Gibson, Individually and Brian Gibson 00p.w ?I t/d/b/a Chick-Fil-A at Mechanicsburg 6416 Carlisle Pike, Suite 3500 D? Mechanicsburg, PA 17050 Chick-Fil-A, Inc., and Chick-Fil-A, Inc. t/d/b/a/ Chick-Fil-A At Mechanicsburg c/o CT Corporation System 116 Pine Street, Suite 320 Harrisburg, PA 17101 :saa PEYTON J. MOLL, a Minor, by LEIGHANN and SHANE MOLL, his Parents and Natural Guardians, Plaintiff, vs. BRIAN GIBSON, Individually and BRIAN GIBSON t/d/b/a CHICK-FIL-A AT MECHANICSBURG, CHICK-FIL-A, INC., and CHICK-FIL-A, INC. t/d/b/a CHICK-FIL-A AT MECHANICSBURG, Defendants. LEIGHANN and SHANE MOLL, husband and wife, Plaintiffs, vs. BRIAN GIBSON, Individually and BRIAN GIBSON t/d/b/a CHICK-FIL-A AT MECHANICSBURG, CHICK-FIL-A, INC., and CHICK-FIL-A, INC. t/d/b/a CHICK-FIL-A AT MECHANICSBURG, Defendants. ORDER COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Consolidated Case No. 11-6037 ? Civil Action - Law Case No. 11-7701 Civil Action - Law zM - a ? ,,? r T' c r, NJ - a C- ? y Dn c xC) Zy VI vL AND NOW, this d? day of VOtl? lje---l , 2011, upon motion of Plaintiff, it is ORDERED and DECREED that the above captioned actions are consolidated under Civil Action No. 11-6037 for purposes of discovery and trial. BY THE COURT: d J. 5 Distribution: John B. Zonarich, Esq., SkarlatosZonarich LLC, 17 South Second Street, 6th Floor, Harrisburg, Pennsylvania 17101-2039. Gerard X. Smith, Esq., Suzanne K. Mintzer, Esq., Naulty, Scaricamazza & McDevitt LLC, 1617 John F. Kennedy Boulevard, One Penn Center, Suite 750, Philadelphia, PA 19103. SKARLATOSZONARICH LLC John R. Zonarich, Esq. John B. Zonarich, Esq. Brian W. Mains, Esq. Skarlatos & Zonarich Building 17 South Second Street, 6th Floor Harrisburg, Pennsylvania 17101 (717) 233-1000 (phone) (717) 233-6740 (facsimile) Attorneys for Plaintiffs -TF ONOT R I R fn1L r?"ri1'i C V i DNS 1 L VAIITA PEYTON J. MOLL, a Minor, by LEIGHANN and SHANE MOLL, his Parents and Natural Guardians, and LEIGHANN and SHANE MOLL, husband and wife Plaintiffs, vs. BRIAN GIBSON, Individually and BRIAN GIBSON t/d/b/a CHICK-FIL-A AT MECHANICSBURG, CHICK-FIL-A, INC., and CHICK-FIL-A, INC. t/d/b/a CHICK-FIL-A AT MECHANICSBURG, Defendants. NOTICE TO DEFEND COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Consolidated Case No. 11-6037 Civil Action - Law YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILLING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGEMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PEOPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 C SKARLATOSZONARICH LLC John R. Zonarich, Esq. John B. Zonarich, Esq. Brian W. Mains, Esq. Skarlatos & Zonarich Building 17 South Second Street, 6th Floor Harrisburg, Pennsylvania 17101 (717) 233-1000 (phone) (717) 233-6740 (facsimile) Attorneys for Plaintiffs PEYTON J. MOLL, a Minor, by LEIGHANN and SHANE MOLL, his Parents and Natural Guardians, and LEIGHANN and SHANE MOLL, husband and wife Plaintiffs, vs. BRIAN GIBSON, Individually and BRIAN GIBSON t/d/b/a CHICK-FIL-A AT MECHANICSBURG, CHICK-FIL-A, INC., and CHICK-FIL-A, INC. t/d/b/a CHICK-FIL-A AT MECHANICSBURG, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Consolidated Case No. 11-6037 Civil Action - Law COMPLAINT AND NOW come Plaintiffs, Peyton J. Moll, a Minor, by Leighann and Shane Moll, his Parents and Natural Guardians, and Leighann and Shane Moll, husband and wife, by and through their counsel, SkarlatosZonarich LLC, to file this complaint against Brian Gibson, Individually and Brian Gibson t/d/b/a Chick-Fil-A at Mechanicsburg, Chick-Fil-A, Inc. and Chick-Fil-A, Inc. t/d/b/a Chick-Fil-A at Mechanicsburg; and in support thereof, provide the following: This is a civil action for serious injuries inflicted upon the Minor-Plaintiff Peyton Moll, and his parents, when at the age of two (2) years, Minor-Plaintiff Peyton J. Moll suffered significant burns on approximately 22% of his total body surface; area together with other permanent injuries on October 13, 2009, such injuries resulting from coffee being spilled on him by Clairissa Hamlin, Defendants' employee, at the restaurant known as Chick-Fil-A at Mechanicsburg. -I- PARTIES 2. Minor-Plaintiff Peyton J. Moll is an individual who at relevant times hereto was two (2) years old and resided at 5595 Charlton Way, Mechanicsburg, Cumberland County, Pennsylvania with his parents, Plaintiffs Leighann and Shane Moll. Minor-Plaintiff Peyton J. Moll now resides at 891 Pine Meadow Court, Oconomowoc, Wisconsin, with his parents, Plaintiffs Leighann and Shane Moll. Plaintiffs Leighann and Shane Moll, husband and wife, are the parents and natural guardians of Minor-Plaintiff Peyton J. Moll and at relevant times hereto resided at 5595 Charlton Way, Mechanicsburg, Cumberland County, Pennsylvania. Plaintiffs Leighann and Shane Moll now reside at 891 Pine Meadow Court, Oconomowoc, Wisconsin. 4. Defendant Chick-Fil-A, Inc. ("Chick-Fil-A") is a Georgia corporation that at all times relevant hereto was engaged in the business of maintaining, managing, franchising, monitoring, supervising, controlling, operating and/or owning a chain of restaurants, including the restaurant located at 6416 Carlisle Pike, Suite 3500, Cumberland County, Pennsylvania, known as Chick-Fil-A at Mechanicsburg. Chick Fil-A is the second largest quick-service chicken restaurant chain in the United States with over 1,500 locations in 39 states and is licensed to do business in the Commonwealth of Pennsylvania with a registered agent at CT Corporation System, 116 Pine Street, Suite 320, Harrisburg, Dauphin County, Pennsylvania. 5. Defendant Brian Gibson is an adult individual who was licensed and granted the right by Chick Fil-A to be the franchised restaurant owner and operator of Chick-Fil-A at the Mechanicsburg restaurant located at 6416 Carlisle Pike, Suite 3500, Cumberland County, Pennsylvania. -2- 6. Chick-Fil-A at Mechanicsburg is an unregistered fictitious name used by Defendant Chick-Fil-A, Inc. and Defendant Brian Gibson to designate the restaurant located at 6416 Carlisle Pike, Suite 3500, Cumberland County, Pennsylvania. Pursuant to the terms of his license, franchise and written Operator Agreement, Defendant Brian Gibson is required to operate Chick-Fil-A at Mechanicsburg in strict conformity with the guidelines, policies, procedures, manuals, memos, methods, plans, training, standards and specifications prescribed by Defendant Chick-Fil-A which include, without limitation, compliance at all times with the minimum standards for service. sanitation, quality of Products and Ingredients, employee dress, appearance, conduct and all other aspects of the operation of the business. 8. At all times pertinent herein, Defendant Chick-Fil-A and Defendant Brian Gibson will be referred to collectively as Defendants. 9. At all times mentioned herein, Defendants were in the exclusive possession, management, and control of the restaurant known as Chick-Fil-A at Mechanicsburg, individually and through their employees who were acting within the course and scope of their employment by Defendants and in furtherance of Defendants' business. 10. At all times mentioned herein, Defendants owed a duty of care to its customers, including Minor-Plaintiff Peyton J. Moll, which said duty was heightened by reason of their intentional use of an indoor playground at the restaurant and other business practices consistent with their intent to attract young children and families. JURISDICTION 11. Pursuant to 42 Pa.C.S. §5301 ("Persons") and/or 42 Pa.C.S. §5322 ("Bases of Personal Jurisdiction over Persons Outside this Commonwealth"), jurisdiction exists for the -3- following reasons: a. Defendant Gibson was both domiciled and present in the Commonwealth of Pennsylvania at the time when process was served; and b. Defendant Chick-Fil-A is a foreign corporation that is qualified and licensed to do business in Pennsylvania and transacts and carries on a continuous and systematic part of their general business within this Commonwealth as more specifically set forth in this Complaint. VENUE 12. The incident which gives rise to this action occurred in Cumberland County, Pennsylvania, such that venue is proper with this Court pursuant to Pa. R.C.P. 1006(a)(1) and Pa. R.C.P. 2179(a). FACTS 13. On October 13, 2009, Minor-Plaintiff Peyton J. Moll was taken by his nanny, Jolene Blasser, to meet some friends for lunch at Chick-Fil-A at Mechanicsburg. Accompanying Jolene Blasser and Minor-Plaintiff Peyton J. Moll were Minor-Plaintiff Peyton J. Moll's two siblings, Brady Moll, a minor, and Taylor Moll, also a minor. 14. Jolene Blasser entered the restaurant and proceeded to a table where friends, both children and adults, were located. 15. Brady Moll, a minor, stayed at the table with the friends while Jolene Blasser accompanied, Minor-Plaintiff Peyton J. Moll and Taylor Moll, a minor, to the restaurant counter to place their food order. 16. Jolene Blasser placed her food order at the restaurant counter with Clairissa Hamlin, Defendants' employee. Amongst the food items ordered was a large black coffee with -4- nothing added. 17. After placing the order, Ms. Hamlin told Ms. Blasser that she would bring her order to her table; accordingly, Ms. Blasser left the counter and accompanied Minor-Plaintiff Peyton J. Moll and Taylor Moll, a minor, to the table with their friends. 18. Later, Ms. Hamlin approached the Moll's table carrying the tray with the food and the large cup of hot black coffee. The large cup of hot black coffee was served directly from the coffee brewer without having cooled and was dangerously and unreasonably hot, capable of causing serious second degree burns. As Ms. Hamlin attempted to place the tray with the food and large cup of hot black coffee on the table, she spilled the large cup of hot black coffee onto Minor-Plaintiff Peyton J. Moll. 19. The large cup of hot black coffee hit Minor-Plaintiff Peyton J. Moll in his neck area and spilled onto his neck, back, right arm, right leg and right flank. 20. Minor-Plaintiff Peyton J. Moll began to scream, cry and flail. As his hot wet clothes were removed, his burned skin melted and sloughed off his body. 21. 911 was called and then Minor-Plaintiff Peyton J. Moll's mother was called. The West Shore EMS, Silver Spring Ambulance & Rescue Association and Silver Spring Police Department responded; Life Lion Helicopter was put on standby. 22. After an initial assessment of Minor-Plaintiff Peyton J. Moll on scene, the need for immediate transfer of Minor-Plaintiff Peyton J. Moll to a burn center was recognized; Life Lion helicopter was requested to fly. 23. Minor-Plaintiff Peyton J. Moll was screaming, crying and shaking. He and his mother, Leighann Moll, were placed on a stretcher together, loaded into an ambulance and transported to the Life Lion helicopter landing zone. -5- 24. Minor-Plaintiff Peyton J. Moll and Leighann Moll were flown via Life Lion helicopter to the Lehigh Valley Hospital Burn Center where he was admitted with approximately 22% total body surface area scald burns to his back, neck, right flank, right arm and right leg. Due to his significant pain, Fentanyl and Morphine were administered for pain management. 25. Over the next eight (8) days, minor-Plaintiff Peyton J. Moll remained at the Lehigh Valley Burn Center where he underwent surgeries, excision of all burns via dermabrasion (a technique using a wire brush or diamond wheel with rough edges to remove the upper layers of skin) with application of Biobrane synthetic skin to all involved areas, pain management, local burn / wound care and other treatments. 26. On October 21, 2009, minor-Plaintiff Peyton J. Moll was released from the Lehigh Valley Burn Center with daily wound care instructions, medicines, continued skilled nursing care via home health and was instructed to follow up with the Lehigh Valley Hospital Burn Recovery Center in five (5) days. 27. Minor-Plaintiff Peyton J. Moll returned to the Lehigh Valley Hospital Burn Recovery Center over the next several months for follow up treatment. Moreover, he continued to receive daily care from his parents. 28. At present, Minor-Plaintiff Peyton J. Moll has permanent scarring and disfigurement on his neck, back, trunk, right shoulder and supraclavicular area and right thigh (approximately 22% of his total body surface area) for which there is no treatment. Though he remains at a young age, Minor-Plaintiff Peyton J. Moll still speaks of being burned by coffee at Chick-Fil-A. 29. As a direct and proximate result of the negligence of Defendants, their agents, servants, and employees, Minor-Plaintiff Peyton J. Moll suffered the following serious personal -6- injuries and damages: a. 22% total body surface area full thickness second degree severe scald burns to his back, neck, chest, right arm and right leg; b. Severe and permanent scarring, disfigurement and hypopigmentation on his back, neck, chest, right arm and right leg; Significant pain and suffering, mental and emotional distress, embarrassment, humiliation, physical disability, personal handicap and loss of life's pleasures, all of which will continue and persist for the duration of his life; d. Increased sensitivity to hot and cold temperatures in the areas of the burns; e. Increased susceptibility to sunburn and skin cancer in the areas of the burns; and, f. Diminution in the quality of his life. 30. As a result of the injuries suffered by Minor-Plaintiff Peyton J. Moll in the above referenced incident, due to the tortious conduct of the Defendants as set forth herein, substantial hospital, physician and other related expenses have been incurlf'd by and on behalf of Minor- Plaintiff Peyton J. Moll, for which a claim is made herein. 31. As a direct and proximate result of the negligence of Defendants, their agents, servants, and employees, Plaintiffs Leighann and Shane Moll, husband and wife, and as the parents and natural guardians of Minor-Plaintiff Peyton J. Moll, have suffered the following injuries and damages: a. Substantial expenses for medical care and medicines incurred on behalf of Minor-Plaintiff Peyton J. Moll and will continue to incur such expenses in the future; and b. Loss of Minor-Plaintiff Peyton J. Moll's services during minority. -7- COUNTI NEGLIGENCE Peyton J. Moll, a Minor, by Leighann and Shane Moll, his Parents and Natural Guardians and Leighann and Shane Moll, husband and wife v. Brian Gibson, Individually and Brian Gibson t/d/b/a Chick-Fil-A at Mechanicsburg, Chick-Fil-A, Inc. and Cluck-Fil-A, Inc. t/d/b/a Chick-Fil- A at Mechanicsburg 32. Plaintiffs incorporate herein by reference each and every preceding paragraph of this Complaint as if the same were more fully set forth herein. 33. Defendants, and their agents and employees acting within the course and scope of their employment, were all negligent, careless and reckless with respect to the coffee at issue in this case that was served, all of which led to the injuries and damages suffered by Plaintiffs. 34. Defendants, and their agents and employees acting within the course and scope of their employment, were negligent, careless and reckless as follows: a. In spilling the coffee on Minor-Plaintiff Peyton J. Moll; b. In serving coffee without firmly securing the coffee cup lid; In failing to serve coffee in a cup with a lid that would not come loose or spill; d. Improperly holding the tray containing the coffee when carrying and/or attempting to place the tray on the table; In failing to serve the cup containing the coffee secured in a beverage tray or other device to stabilize the coffee; f. In serving coffee at a dangerously and unreasonably high temperature capable of causing severe first and second degree burns; g. In failing to warn of the potential for injury due to the dangerous and unreasonably high temperature of the coffee; -8- h. In failing to warn of the potential for injury due to the dangerous and unreasonable condition of the unsecured lid on the coffee cup; i. In failing to train their employees as to the procedure for properly packaging, preparing, transporting and/or serving hot coffee; j. In failing to implement, oversee and supervise the procedures used for their employees to properly package, prepare, transport and/or serve hot coffee; k. In otherwise failing to exercise reasonable care in the sale and service of hot coffee, as set forth elsewhere herein. 35. As retail sellers of fast-food products, Defendants owed a duty of care to the Plaintiffs and breached that duty. 36. The negligence of the Defendants was the direct and proximate cause of Plaintiffs' injuries and damages as aforesaid. 37. The aforesaid incident was caused solely by the negligence, carelessness and recklessness of the Defendants, and was in no manner due to any act or failure to act on the part of Plaintiffs. WHEREFORE, Peyton J. Moll, a Minor, by Leighann and Shane Moll, his Parents and Natural Guardians, and Leighann and Shane Moll, husband and wife, claim of defendants Brian Gibson, Individually and Brian Gibson t/d/b/a Chick-Fil-A at Mechanicsburg, Chick-Fil-A, Inc. and Chick-Fil-A, Inc. t/d/b/a Chick-Fil-A at Mechanicsburg, a sum in excess of the limits of mandatory arbitration in Cumberland County, Pennsylvania, together with lawful interest thereon, delay damages, costs of suit and any other relief that the Court may deem necessary or appropriate. -9- COUNT II STRICT LIABILITY Peyton J. Moll, a Minor, by Leighann and Shane Moll, his Parents and Natural Guardians and Leighann and Shane Moll, husband and wife v. Brian Gibson. Individually and Brian Gibson t/d/b/a Chick-Fil-A at Mechanicsburg, Chick-Fil-A, Inc. and Chick-Fil-A, Inc. t/d/b/a Chick-Fil- A at Mechanicsburg 38. Plaintiffs incorporate herein by reference each and every preceding paragraph of this Complaint as if the same were more fully set forth herein. 39. The aforementioned hot coffee was manufactured, sold and distributed by Defendants and was placed into the stream of commerce with the intention and expectation that it would reach a class of users and/or consumers such as Minor-Plaintiff Peyton J. Moll's nanny, Jolene Blasser. 40. The aforementioned hot coffee was manufactured, sold and distributed in a defective condition, unreasonably dangerous for its intended use, and said defects caused the aforesaid losses and injuries of the Plaintiffs. 41. The aforesaid hot coffee was in the same condition at the time it left the possession and control of its producer or manufacturer, Defendants, through the time of the incident in question. 42. The resultant losses, damages and injuries sustained by Plaintiffs, were a direct and proximate result of the defective and dangerous hot coffee produced, manufactured and placed into the stream of commerce by the Defendants, for which they are strictly liable pursuant to § 402(A) of the Restatement (Second) of Torts, more specifically: a. Defendants, in the regular course of producing, supplying and selling hot coffee, provided hot coffee in an unreasonably dangerous condition without a safe cup and without a proper lid for securing the dangerously hot coffee; b. Defendants, in the regular course of producing, supplying, and selling hot -10- coffee, provided hot coffee at a dangerously and unreasonably high temperature capable of causing severe first and second degree burns; C. Defendants, in the regular course of producing, supplying and selling hot coffee, transported hot coffee without first securing the hot coffee in a beverage tray or other device to stabilize the cup containing the hot coffee; d. Defendants, in the regular course of producing, supplying and selling hot coffee, failed to properly warn of the aforesaid defects. 43. The Defendants are therefore strictly liable to Plaintiffs for their damages and injuries as aforesaid. WHEREFORE, Peyton J. Moll, a Minor, by Leighann and Shane Moll, his Parents and Natural Guardians, and Leighann and Shane Moll, husband and wife, claim of defendants Brian Gibson, Individually and Brian Gibson t/d/b/a Chick-Fil-A at Mechanicsburg, Chick-Fil-A, Inc. and Chick-Fil-A, Inc. t/d/b/a Chick-Fil-A at Mechanicsburg, a sum in excess of the limits of mandatory arbitration in Cumberland County, Pennsylvania, together with lawful interest thereon, delay damages, costs of suit and any other relief that the Court may deem necessary or appropriate. COUNT III BREACH OF IMPLIED WARRANTY UNDER 13 PA.C.S.A. §2314 Peyton J. Moll, a Minor, by Leighann and Shane Moll, his Parents and Natural Guardians and Leighann and Shane Moll, husband and wife v. Brian Gibson, Individually and Brian Gibson t/d/b/a Chick-Fil-A at Mechanicsburg, Chick-Fil-A, Inc. and Chick-Fil-A, Inc. t/d/b/a Chick-Fil- A at Mechanicsburg 44. Plaintiffs incorporate herein by reference each and every preceding paragraph of this Complaint as if the same were more fully set forth herein. 45. An implied warranty of merchantability under 13 Pa.C.S.A. §2314 was applicable to the sale of the coffee from the Defendants that injured Minor-Plaintiff Peyton. J. Moll. -11- 46. The coffee sold by Defendants that injured Minor-Plaintiff Peyton J. Moll was not fit for the ordinary purpose for which such goods are used in that the coffee was served at a dangerously high temperature capable of causing severe second degree burns, the lid of the cup was not adequately secure to prevent such bodily harm, a travel tray or other device was not provided to contain the coffee in a safe manner, and/or Defendants did not adequately provide for the safe warning thereof. 47. The coffee sold by Defendants that injured Minor-Plaintiff Peyton J. Moll was not adequately contained, packaged, and labeled in that the lid of the cup was not adequately secured to prevent such bodily harm, a travel tray or other device was not provided to contain the coffee in a safe manner, and/or Defendants did not adequately provide for the safe warming thereof. 48. As set forth elsewhere in this Complaint, the coffee sold by Defendants that injured Minor-Plaintiff Peyton J. Moll otherwise failed to meet the merchantability standards required by law and as set forth in 13 Pa.C.S.A. §2314. 49. The aforesaid actions or inactions of Defendants breached the implied warranty of merchantability required by law, and Plaintiffs sustained injuries and damages as set forth in this Complaint. WHEREFORE, Peyton J. Moll, a Minor, by Leighann and Shane Moll, his Parents and Natural Guardians, and Leighann and Shane Moll, husband and wife, claim of'defendants Brian Gibson, Individually and Brian Gibson t/d/b/a Chick-Fil-A at Mechanicsburg, Chick-Fil-A, Inc. and Chick-Fil-A, Inc. t/d/b/a Chick-Fil-A at Mechanicsburg, a sum in excess of the limits of mandatory arbitration in Cumberland County, Pennsylvania, together with lawful interest thereon, delay damages, costs of suit and any other relief that the Court may deem necessary or appropriate. -12- Respectfully submitted, SKATk4os&NARICH LLC Dated: March 2, 2012 By: Johntl . y wlchEsquire Identi is on No. 19632 John Identification No. 79989 Brian W. Mains, Esquire Identification No. 310479 Skarlatos & Zonarich Building 17 South Second Street, 6th Floor Harrisburg, Pennsylvania 17101-2039 717.233.1000 (Telephone) Attorneys for Plaintiffs -13- MIt"504 We, Leighann and Shane Moll, individually and as the Parents and Natural Guardians of Peyton J. Moll, hereby certify that the facts set forth in the following document are based upon infonmation which we have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on our behalf in this matter. The language in the document is that of counsel and not our own. We have read the document, and to the extent it is based upon information that we have given to counsel, it is true and correct to the best of our knowledge, information and belief. To the extent that the content of the document is that of counsel, we have relied upon counsel in making this Verification. We hereby acknowledge that the facts set forth in the aforesaid document are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unworn falsification to authorities. Dated: February q, 2012 Dated: February 1, 2012 z1? ' a Lei han' A Moll individual! 8 ? Y and as the Parent and Natural Guardian of Peyton J. Moll `Shane Moll, individually and as the Parent and Natural Guardian of Peyton J. Moll CERTIFICATE OF SERVICE I, Elizabeth F. Warner, an employee with the Law Firm of SkarlatosZonarich LLC, hereby certify that I this day served a copy of the foregoing COMPLAINT upon the person(s) indicated below by sending a copy of the same via first class mail, postage prepaid, addressed as follows: Gerard Smith, Esquire Naulty, Scaricamazza & McDevitt, LLC 1617 John F. Kennedy Blvd One Penn Center, Suite 750 Philadelphia, PA 19103 Dated: March 2, 2012 E izabet F. Wainer" Legal Assistant NAULTY, SCARICAMAZZA & McDEVITT, LLC. BY: GERARD X. SMITH, ESQUIRE Identification Number: 40927 1617 John F. Kennedy Boulevard One Penn Center, Suite 750 Philadelphia, PA 19103 (215) 568-5116 ??}} q` , -9 =3 n ;o-l ERLAND Colj} q f ,,,, PENNSYLVANIA ATTORNEY FOR DEFENDANTS PEYTON J. MOSS, a minor, by LEIGHANN and ; COURT OF COMMON PLEAS SHANE MOLL, his p/n/g ; CUMBERLAND COUNTY VS BRIAN GIBSON, individually and BRIAN GIBSON t/d/b/a CHICK-FIL-A AT MECHANICSBURG, CHICK-FIL-A, INC. and CHICK-FIL-A, INC. t/d/b/a CHICK-FIL-A AT MECHANICSBURG CONSOLIDATED NO. 11-6037 LEIGHANN and SHANE MOLL, husband and ; COURT OF COMMON PLEAS wife ; CUMBERLAND COUNTY VS Civil Action - Law BRIAN GIBSON, Individually and BRIAN 1 Case No. 11-7701 GIBSON t/d/b/a CHICK-FIL-A AT MECHANICSBURG, CHICK-FIL-A, INC., and CHICK-FIL-A, INC. t/d/b/a CHICK-FIL A AT MECHANICSBURG STIPULATION TO STRIKE IDENTIFIED LANGUAGE AND SUB-PARAGRAPH FROM . PLAINTIFFS' COMPLAINT John B. Zonarich, counsel for Plaintiffs, and Gerard X. Smith, counsel for Defendants, hereby agree that the word "recklessness" and sub-paragraphs 34(k) of Plaintiffs' Complaint are hereby stricken upon approval of this Stipulation by the Court. All remaining language and sub-paragraphs of said pleading to remain in effect. NAULTY, SCARICAMAZZA & MCDEVITT, LLC. BY: ?k, GERARD X. SMITH, ESQUIRE Attorney for Defendants KARLAT S,&:ZON .RICH.. ....40 AR H, ESQUI Att6r for Plaint s BY THE COURT:. J. I ?, ;LLD-OFFICE 16 PROTHONOTARY NAULTY, SCARICAMAZZA & McDEVITT, LLC. BY: GERARD X. SMITH, ESQUIRE Identification Number: 40927 1617 John F. Kennedy Boulevard One Penn Center, Suite 750 Philadelphia, PA 19103 (215) 568-5116 2'I2 AUG -3 PPS 1: 29 s. UMCERLAND COUNTY PEMSYLVANIA ATTORNEY FOR DEFENDANTS PEYTON J. MOLL, a minor, by LEIGHANN and ; COURT OF COMMON PLEAS SHANE MOLL, his p/n/g ; CUMBERLAND COUNTY VS BRIAN GIBSON, individually and BRIAN GIBSON t/d/b/a CHICK-FIL-A AT MECHANICSBURG, CHICK-FIL-A, INC. and CHICK-FIL-A, INC. t/d/b/a CHICK-FIL-A AT MECHANICSBURG LEIGHANN and SHANE MOLL, w/h VS COURT OF COMMON PLEAS CUMBERLAND COUNTY I Civil Action - Law BRIAN GIBSON, Individually and BRIAN GIBSON t/d/b/a CHICK-FIL-A AT I Case No. 11-7701 MECHANICSBURG, CHICK-FIL-A, INC., and I CHICK-FIL-A, INC. t/d/b/a CHICK-FIL-A AT MECHANICSBURG TM TO P 1. While it is acknowledged that said claim is being brought, the allegations contained in Paragraph 1 of Plaintiffs' Complaint constituted conclusions of law to which no further response is required under Pennsylvania Rules of Civil Procedure. 2 3 4 Upon information and belief acknowledged. Upon information and belief acknowledged. Admitted in part, denied in part. It is admitted only that Answering Defendant, hick-fil-A, Inc., is a Georgia corporation licensed to do business in Pennsylvania with a registered a6ent at CT Corporate Systems in Harrisburg, Pennsylvania. The restaurant in question at 6416 Carlisle Dike, Suite 3500, Carlisle County, Pennsylvania is owned and operated by Brian Gibson, d/b/a Chick-fil-A at Mechanicsburg. The remaining allegations contained in Paragraph 4 of Plaintiffs' Complaint denied and strict proof thereof demanded. 5. Admitted in part, denied in part. It is admitted only that Answering Defendant, Brian Gibson, is the operator of Chick-fil-A in Mechanicburg and that he owns and operated the restaurant at 6416 Carlisle Pike, Suite 3500, Cumberland County, Pennsylvania. The remaining allegations contained in Paragraph 5 of Plaintiffs' Complaint are denied and strict proof thereof demanded. 6. There is no such legal entity known as "Chick-fil-A at Mechanicsburg". Answering Defendants hereby incorporate by reference their answers to Paragraphs 4 and 5 of Plaintiffs' Complaint as if same were fully set forth at length herein. 7. Said Operator Agreement speaks for itself. 8. Plaintiffs sawfree to refer to "Defendant Chick-Fil-A and Defendant Brian Gibson" collectively as Defendants, however, there are distinctions between the two. 9. Denied. The allegations contained in Paragraph 9 of Plaintiffs' Complaint constitute conclusions of law to which no further response is required. However, to the extent that a response is required, Answering Defendant, Brian Gibson d/b/a Chick-fil-Aat Mechanicburg"was in possession, control and did manage the restaurant through his employees acting within the course and scope of their employment. 10. Denied. The allegations contained in Paragraph 10 of Plaintiffs' Complaint constitute conclusions of law to which no further response is required. However, to the extent that a response is required, Answering Defendants with due and proper care at all times material hereto and We of their employees was in the process of assisting the group that was with Peyton Moll in bringing food back to the table at the time of this unfortunate accident. 11. Denied. The allegations contained in Paragraph 11 of Plaintiffs' Complaint constitute conclusions of law to which no further response is required. However, to the extent that a response is required, Answering Defendants are not contesting jurisdiction in this matter. 12. Denied as a conclusion of law. However, Answering Defendants are not contesting venue in this matter. 13. Answering Defendants do acknowledge that Jolene Blasser and the three Moll chilldren were present at the time of the accident. The remaining allegations contained in Paragraph 13 Complaint are unknown to Answering Defendants after reasonable investigation. Plaintiffs' -- 2 -- 14. After reasonable investigation, Answering Defendants are without sufficient kn wledge or information to form a belief as to the truth or accuracy of the averments contained in Paragraph 14 Plaintiffs' Complaint, therefore, these averments are denied and strict proof thereof demanded. 15. After reasonable investigation, Answering Defendants are without sufficient knowledge or information to form a belief as to the truth or accuracy of the averments contained in Paragraph 15 Plaintiffs' Complaint, therefore, these averments are denied and strict proof thereof demande . 16. Admitted. 17. It is admitted that Ms. Hamlin did bring the food order over to the table. The remaining allegations contained in Paragraph 17 of Plaintiffs' Complaint are unknown to Answering Defendants after reasonable investigation. 18. Denied. The allegations contained in Paragraph 18 of Plaintiffs' Complaint constitute conclusions of law to which no further response is required. However, to the extent that a r sponse is required, it is specifically denied that the coffee was "dangerously and unreasonably hot". It is admitted that Ms. Hamlin approached the table with the food order including the coffee and that same did spill onto the Minor-Plaintiff, Peyton Moll. The remaining allegations contained in Paragraph 18 of Plaintiffs' Complaint are denied and strict proof thereof demanded. 19. It is admitted that Minor-Plaintiff Peyton Moll did have coffee spilled onto his body. 20. It is admitted that Minor-Plaintiff Peyton Moll did scream, his clothes were removed and his skin was burned by the hot coffee. The remaining allegations contained in Paragraph 20 o Plaintiffs' Complaint are denied and strict proof thereof demanded. 21. Upon information and belief admitted. 22. Upon information and belief admitted. 23. Upon information and belief admitted. 24. Upon information and belief admitted. 25. Upon information and belief admitted. 26. Upon information and belief admitted. 27. After reasonable investigation, Answering Defendants are without sufficient knowledge or information to form a belief as to the truth or accuracy of the averments contained in Paragraph 27 of Plaintiffs' Complaint and, therefore, these averments are denied and strict proof thereof dema ded. -- 3 -- 28. After reasonable investigation, Answering Defendants are without sufficient kn?wledge or information to form a belief as to the truth or accuracy of the averments contained in Paragraph 28 of Plaintiffs' Complaint, therefore, these averments are denied and strict proof thereof demande?. 29. Denied. The allegations contained in Paragraph 29 of Plaintiffs' Complaint constitute conclusions of law to which no further response is required. However, to the extent that a r sponse is required, it is specifically denied that Answering Defendants acted negligently. Further, Plaintiffs allegations of permanent injuries and damages are denied as a conclusion of law. 30. Denied. The allegations contained in Paragraph 30 of Plaintiffs' Complaint constitute conclusions of law to which no further response is required. However, to the extent that a response is required, it is specifically denied that Answering Defendants committed "tortious conduct". It is acknowledged that certain expenses have been occurred and it is believed there is a lien in the amount of approximately $37,000. 31. Denied. The allegations contained in Paragraph 31 of Plaintiffs' Complaint constitute conclusions of law to which no further response is required. However, to the extent that a r sponse is required, it is specifically denied that Answering Defendants acted negligently and/or that said acts were a direct and proximate cause of Plaintiffs' alleged injuries or damages. COUNT( 32. Answering Defendants hereby incorporate by reference their answers to Paragraphs 1 through 31 of Plaintiffs' Complaint as if same were fully set forth at length herein. 33. Denied. The allegations contained in Paragraph 33 of Plaintiffs' Complaint constitute conclusions of law to which no further response is required. However, to the extent that a r sponse is required, it is specifically denied that Answering Defendants acted negligently, carelessly or reck essly with regard to the allegations set forth in Plaintiffs' Complaint and/or that said acts were a direct and proximate cause of Plaintiffs' alleged injuries or damages. 34. Denied. The allegations contained in Paragraph 34 of Plaintiffs' Complaint constitute conclusions of law to which no further response is required. However, to the extent that a r sponse is required, it is specifically denied that Answering Defendants acted negligently, carelessly or reck essly with regard to the allegations set forth in Plaintiffs' Complaint and/or that said acts were a direct and roximate cause of Plaintiffs' alleged injuries or damages. Moreover, it is specifically denied that Answering --4-- Defendants, Brian Gibson, Individually and Brian Gibson t/d/b/a Chick-fil-A at Mechanicsburg, hick-fil-A, Inc., and Chick-fil-A, Inc. t/d/b/a Chick-fil-A at Mechanicsburg, were negligent, careless or reckless in: a. spilling the coffee on Minor-Plaintiff Peyton J. Moll; b. serving coffee without firmly securing the coffee cup lid; C. failing to serve coffee in a cup with a lid that would not come loose or spill; d. improperly holding the tray containing the coffee when carrying and/or attempti g to place the tray on the table; e. failed to serve the cup containing the coffee secured in a beverage tray or other device to stabilize the coffee; f. serving coffee at a dangerously and unreasonably high temperature capable f causing severe first and second degree burns; g. failing to warn of the potential for injury due to the dangerous and unreasonably high temperature of the coffee; h. failed to warn of the potential for injury due to the dangerous and unreasonabl condition of the unsecured lid on the coffee cup; i. failing to train their employees as to the procedure for properly packaging, preparing, transporting or serving hot coffee; j. failing to implement, oversee or supervise the procedures used for their em loyees to properly package, prepare, transport or serve hot coffee; k. otherwise failing to exercise reasonable care in the sale and service of hot coffee. On the contrary, at all times material hereto, Answering Defendants acted with due and p oper care under the circumstances. 35. Denied. The allegations contained in Paragraph 35 of Plaintiffs' Complaint conclusions of law to which no further response is required. However, to the extent that a n required, it is specifically denied that Answering Defendants acted with due and proper care circumstances at all times material hereto. nstitute is er the -- 5 -- 36. Denied. The allegations contained in Paragraph 36 of Plaintiffs' Complaintl constitute conclusions of law to which no further response is required. However, to the extent that a response is required, it is specifically denied that Answering Defendants acted negligently and/or that said acts were a direct and proximate cause of Plaintiffs' alleged injuries or damages. 37. Denied. The allegations contained in Paragraph 37 of Plaintiffs' Complaint constitute conclusions of law to which no further response is required. However, to the extent that a r sponse is required, it is specifically denied that Answering Defendants acted negligently, carelessly or recklessly and/or that said acts were a direct and proximate cause of Plaintiffs' alleged injuries or WHEREFORE, Answering Defendants, Brian Gibson, Individuallyand Brian Gibson t/d/b?a Chick-fil- A at Mechanicsburg, Chick-fil-A, Inc. and Chick-fil-A, Inc. t/d/b/a Chick-fil-A at Mechanicsburg, hereby demand judgment in their favor and against Plaintiffs, Peyton J. Moss, a minor, by Leighann and Shane Moll, his p/n/g and Leighann Moll and Shane Moll, individually, together with costs of sui including reasonable attorney's fees if allowed by law. COUNT II 38. Answering Defendants hereby incorporate by reference their answers to Par graphs 1 through 37 of Plaintiffs' Complaint as if same were fully set forth at length herein. 39. Denied. The allegations contained in Paragraph 39 of Plaintiffs' Complaint constitute conclusions of law to which no further response is required. However, to the extent that a r sponse is required, Answering Defendants did not "manufacture" the coffee but they did brew and sell i 40. Denied. The allegations contained in Paragraph 40 of Plaintiffs' Complaint constitute conclusions of law to which no further response is required. However, to the extent that a r sponse is required, it is specifically denied that Answering Defendants "manufactured" the coffee and/o? that they manufactured, sold or distributed coffee in a defective condition or coffee that was unreasonably angerous for its intended use. On the contrary, the coffee was properly sold and distributed in a reasona le way for its intended use. 41. Denied. The allegations contained in Paragraph 41 of Plaintiffs' Complaint constitute conclusions of law to which no further response is required. However, to the extent that a response is required, Answering Defendants are not the "manufacturer" or "producer" of the coffee. It did brew and sell the coffee in a reasonable fashion and provided it for sale. -- 6 -- 42. Denied. The allegations contained in Paragraph 42 of Plaintiffs' Complaint' constitute conclusions of law to which no further response is required. However, to the extent that a response is required, it is specifically denied that Answering Defendants sold and/or prepared a dangerous or defective product and/or that same could possibly lead to a finding of strict liability. Moreover, it is specifically denied that Answering Defendants violated §402(A) of the Restatement (Second) of Torts by: a. allegedly producing, supplying and selling hot coffee in an alleged unreasonably angerous condition without a safe cup and/or proper lid. On the contrary, the cup was safe, the lid was s cure, and the coffee was not unreasonably dangerous; b. allegedly producing, supplying or selling hot coffee, providing hot coffee at a dangerously or unreasonably high temperature. On the contrary, the coffee was not dangerous nor unreas nably high in temperature. C. allegedly producing, supplying, selling hot coffee without first securing it in a be?erage tray or other device to stabilize the cup; d. allegedly producing, supplying or selling hot coffee and failing to warn of an alleged defects. On the contrary, at all times material hereto, Answering Defendants acted with due and proper care under the circumstances. 43. Denied. The allegations contained in Paragraph 43 of Plaintiffs' Complaint constitute conclusions of law to which no further response is required. However, to the extent that a response is required, it is specifically denied that Answering Defendants are strictly liable to the Plaintiffs a alleged. WHEREFORE, Answering Defendants, Brian Gibson, Individuallyand Brian Gibson t/d/b/ Chick-fil- A at Mechanicsburg, Chick-fil-A, Inc. and Chick-fil-A, Inc. t/d/b/a Chick-fil-A at Mechanicsburg, hereby demand judgment in their favor and against Plaintiffs, Peyton J. Moss, a minor, by Leighann and Shane Moll, his p/n/g and Leighann Moll and Shane Moll, individually, together with costs of suit including reasonable attorney's fees if allowed by law. COUNT III 44. Answering Defendants hereby incorporate by reference their answers to Par4graphs 1 through 43 of Plaintiffs' Complaint as if same were fully set forth at length herein. 45. Denied. The allegations contained in Paragraph 45 of Plaintiffs' Complaint conclusions of law to which no further response is required. -- 7 -- 46. Denied. The allegations contained in Paragraph 46 of Plaintiffs' Complaint' constitute conclusions of law to which no further response is required. However, to the extent that a response is required, it is specifically denied that the coffee in question "was not fit for the ordinary purpos? for which such goods are used". It is further denied that the coffee was sold at a "dangerously high ter?nperature" and/or that the coffee was not adequately secured and/or that the travel tray was not provide in a safe manner and/or that Defendants did not provide a safe warning. 47. Denied. The allegations contained in Paragraph 47 of Plaintiffs' Complaint constitute conclusions of law to which no further response is required. However, to the extent that a r sponse is required, it is specifically denied that the coffee in question was not adequately contained, packages or labeled and/or that the cup was not adequately secured and/or that the tray device was not provided in a safe manner and/or that Defendants failed to provide a safe warning thereof. On the contrary, t all times material hereto, Answering Defendants acted with due and proper care under the circumstances. 48. Denied. The allegations contained in Paragraph 48 of Plaintiffs' Complaint constitute conclusions of law to which no further response is required. However, to the extent that a r sponse is required, it is specifically denied that the coffee failed to meet "merchantability standards" as alleged. 49. Denied. The allegations contained in Paragraph 49 of Plaintiffs' Complaint constitute conclusions of law to which no further response is required. However, to the extent that a response is required, it is specifically denied that Answering Defendants breached any alleged implied arranty of merchantability. WHEREFORE, Answering Defendants, Brian Gibson, Individually and Brian Gibson t/d/b/ Chick-fil- A at Mechanicsburg, Chick-fil-A, Inc. and Chick-fil-A, Inc. t/d/b/a Chick-fil-A at Mechanicsburg, hereby demand judgment in their favor and against Plaintiffs, Peyton J. Moss, a minor, by Leighann and Shane Moll, his p/n/g and Leighann Moll and Shane Moll, individually, together with costs of suit including reasonable attorney's fees if allowed by law. NEW MATTER 50. If Plaintiffs sustained the injuries and damages as alleged in their Complaint, then same were not proximately caused by any action or failure to act on behalf of Answering Defendants or any of its employees acting within the course and scope of their employment and within furtherance of answering Defendants' business. --8-- 51. At all times material hereto, Answering Defendants acted with due and proper care under the circumstances. 52. Answering Defendants had no notice of the allegedly defective condition. 53. Answering Defendants aver that the coffee sold in question was prepared and sol according to proper and normal industry standards. WHEREFORE, Answering Defendants, Brian Gibson, Individuallyand Brian Gibson t/d/b a Chick-fil- A at Mechanicsburg, Chick-fil-A, Inc. and Chick-fil-A, Inc. t/d/b/a Chick-fil-A at Mechanicsburg, hereby demand judgment in their favor and against Plaintiffs, Peyton J. Moss, a minor, by Leighann and Shane Moll, his p/n/g and Leighann Moll and Shane Moll, individually, together with costs of suit including reasonable attorney's fees if allowed by law. NAULTY, SCAR1 ZA & McDEVITT, LLC. BY: GERARD X. SMITH, ESQUIRE Attorney for Defendants -- 9 -- VERIFICATION Brian Gibson. hereby verify that I am Defendant herein and that the facts set forth in foregoing Answer and New Matter are true and correct to the best of my knowledge, inform and belief. I understand that false statements herein are made subject to the penalties of 1 Pa C S Section 4904 relating to unsworn falsification to authorities. x BRIAN GIBSON 86-271 i,1 NAULTY, SCARICAMAZZA & McDEVITT, LLC. BY: GERARD X. SMITH, ESQUIRE Identification Number: 40927 1617 John F. Kennedy Boulevard One Penn Center, Suite 750 Philadelphia, PA 19103 (215) 568-5116 ATTORNEY FOR DEFENDANTS PEYTON J. MOSS, a minor, by LEIGHANN and ; COURT OF COMMON PLEAS SHANE MOLL, his p/n/g ; CUMBERLAND COUNTY VS CONSOLIDATED NO. 11-6037 BRIAN GIBSON, individually and BRIAN GIBSON t/d/b/a CHICK-FIL-A AT MECHANICSBURG, CHICK-FIL-A, INC. and CHICK-FIL-A, INC. t/d/b/a CHICK-FIL-A AT MECHANICSBURG LEIGHANN and SHANE MOLL, husband and ; COURT OF COMMON PLEAS wife, ; CUMBERLAND COUNTY VS ; Civil Action - Law BRIAN GIBSON, Individually and BRIAN Case No. 11-7701 GIBSON t/d/b/a CHICK-FIL-A AT MECHANICSBURG, CHICK-FIL-A, INC., and CHICK-FIL-A, INC. t/d/b/a CHICK-FIL-A AT MECHANICSBURG CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing Answer and New Matter via U.S. Class, postage prepaid, addressed as follows: John B. Zonarich, Esquire Skarlotos Zonarick, LLC 17 South Second Street, 6th Floor Harrisburg, PA 17101 NAULTY, SCARICA AZZA & MCDEVITT, LLC. BY: GGERARD X. SMITH, ESQUIRE Attorney for Defendants Mail, First -- 11 -- SKARLATOSZONARICH LLC John R. Zonarich, Esq. John B. Zonarich, Esq. Brian W. Mains, Esq. Skarlatos &Zonarich Building 17 South Second Street, 6`h Floor Hamsburg, Pennsylvania 17101 (717)233-1000 (phone) (717) 233-6740 (facsimile) Attorneys for Plaintiffs C i ~ ~;; ~~ ~ i" I` i t,r t~ L HUt7 ~ 1 f [-1 ~' ~~ ~~ ~~ ~JY~~~~~~, ~~' PEYTON J. MOLL, a Minor, by LEIGHANN and SHANE MOLL, his Parents and Natural Guardians, and LEIGHANN and SHANE MOLL, husband and wife Plaintiffs, vs. BRIAN GIBSON, Individually and BRIAN GIBSON t/d/b/a CHICK-FIL-A AT MECHANICSBURG, CHICK-FIL-A, INC., and CHICK-FIL-A, INC. t/d/b/a CHICK-FIL-A AT MECHANICSBURG, Defendants. COURT OF COMMON PL>= CUMBERLAND COUNTY, PENNSYLVANIA Consolidated Case No. 11 Civil Action -Law Motion to Compel Response to Discovery AND NOW come Plaintiffs, Peyton J. Moll, a Minor, by Leighann and Shane Moll, his Parents and Natural Guardians, and Leighann and Shane Moll, husband and wife, by and thr their counsel, SkarlatosZonarich LLC, and hereby move this Honorable Court to compel Defendants in the above captioned matter to serve full and complete responses to the written interrogatories and requests for production of documents served upon them, and in support thereof provide the following: Plaintiffs served Interrogatories and Requests for Production of Documents counsel for Defendants on March 7, 2012. Copies of Plaintiffs' Interrogatories and Requests Production of Documents, including Plaintiffs' transmittal letter are attached hereto as Exhibit 2. Pursuant to Pa.R.C.P. 4006 and 4009.12, Defendants' responses to Plaintiffs' discovery requests were due on or before Apri16, 2012. More than one hundred sixty (160) days has elapsed since Plaintiffs' discovery requests were served, and Defendants have not answered or objected to the discovery. 4. By letter dated May 21, 2012 counsel for Defendants was notified by that responses to the said Interrogatories and Requests for Production of Documents were overdue. A copy of Plaintiffs' May 21, 20121etter is attached hereto as Exhibit B. By letter dated July 27, 2012 counsel for Defendants reminded that discovery responses were overdue, and a motion would be filed if responses were not transmitted by August 10, 2012. A copy of Plaintiffs' July 27, 2012 letter is attached hereto as Exhibit C. 6. For the forging reasons, Plaintiffs believe and aver that Defendants will not answer or respond to the said Interrogatories and Requests for Production of Documents court order pursuant to Pa.R.C.P. 4019. WHEREFORE, Plaintiffs request that this Honorable Court enter and order; (a) directing Defendants to serve full and complete responses to Plaintiffs' Interrogatories and Requests for Production of Documents within ten (10) days; (b) decreeing that any and all objections to Plaintiff's discovery requests are waived by reason of Defendants prolonged failure to comply with the Pennsylvania Rules of Civil Procedure; and (c) further ordering that failure to comply will result in additional sanctions, to be imposed upon further application to the Court. Respectfully Submitted, Dated: SKARLATOSZOQN~AR~ICH LLC John R. Zonarich, Esquire Identification No. 19632 John B. Zonarich, Esquire Identification No. 79989 Brian W. Mains, Esquire Identification No. 310479 Attorneys for Plaint a 2 VERIFICATION Pursuant to Pennsylvania Rule of Civil Procedure 1024(c), and subject to the penalties 18 Pa.C.S.A. Sec. 4904 relating to unsworn falsification to authorities, I, Brian W. Esquire, declare that I am the attorney for Plaintiffs; that I am authorized to make verification on their behalf; that my clients either lack sufficient knowledge and about the events that are the subject of the foregoing document, or are out of the jurisdiction the Court; therefore, I submit this verification based upon my participation in said events corresponding knowledge and information which I believe to be true and correct. Dated: ~~' ~Z- _ ~~ ~' ' R ~~ Brian W. Mains, Esq. 3 CERTIFICATE OF SERVICE I, Brian W. Mains, Esq. hereby certify that I this day served a copy of the MOTION upon the person(s) indicated below by sending a copy of the same via regular, prepaid, U.S. Mail addressed as follows: Gerard X. Smith, Esq. Suzanne K. Mintzer, Esq. Naulty, Scaricamazza & McDevitt LLC 1617 John F. Kennedy Boulevard One Penn Center, Suite 750 Philadelphia, PA 19103 Dated: g l ~L ~,~ ~!~ Brian W. Mains, Esq. ~~ Skarlatos~onari~h LLc Sound Advice. Smarter Decisions. l7 South Second Street, Harrisburg, PA ]7 717.233.1( 717.233. John B. Zonarich, jbz8stcarlatoszonai March 7, 2012 Via 1 s' Class Mail Gerard X. Smith, Esquire Naulty, Scaricamazza & McDevitt, LLC One Penn Center At Suburban Station 1617 John F. Kennedy Blvd, Suite 750 Philadelphia, PA 19103 Re Dear Jeny: Peyton J. Moll, a Minor by Leighann and Shane Moll, his parents and Natural Guardians, aI Leighann and Shane Moll, husband and wife v. Brian Gibson, Individually and Brian Gibsd t/d/b/a Chick-Fil-A at Mechanicsburg, et al. Cumberland County Consolidated Case No. 11-6037 In reference to the above captioned matter, enclosed please find the following documents: Plaintiffs' Interrogatories Addressed to Defendants Brian Gibson, Individually and Gibson t/d/b/a Chick-Fil-A At Mechanicsburg, First Set; . 2. Plaintiffs' Request for Production of Documents Addressed to Defendants Brian Individually and Brian Gibson t/d/b/a Chick-Fil-A At Mechanicsburg, First Set; Plaintiffs' Interrogatories Addressed to Defendants Chick-Fil-A, Inc. and Chick-Fil Inc. t/d/b/a Chick-Fil-A At Mechanicsburg, First Set; and JBZ/efw Enclosures 4. Plaintiffs' Request for Production of Documents Addressed to Defendants Chick Inc. and Chick-Fil-A, Inc. t/d/b/a Chick-Fil-A At Mechanicsburg, First Set. A Member of LawPactT"' - An International Law Firms Floor Voice 0 Fax ire SICARLATOSZONARICH LLC John R Zonarich, Esq. John B. Zonarich, Esq. Brian w. Mains, Esq. Skarlatos & Zonarich Building 17 South Socond Street, 6'" Floor Harrisburg, Pennsylvania 17101 (717)233-1000 (phone) (717) 233-6740 (facsimile) Attor-uys for Plaintl~s PEYTON J. MOLL, a Minor, by COURT OF COMMON PLEAS LEIGHANN and SHANE MOLL, his Parents CUMBERLAND COUNTY, and Natural Guardians, and PENNSYLVANIA LEIGHANN and SHANE MOLL, husband and wife Plaintiffs, vs. BRIAN GIBBON, Individually and BRIAN GIBBON t/d/b/a CHICK-FIL-A AT' MECHANICSBURG, CHICK FIL-A, INC., and CHICK-FII,-A, INC. t/d/b/a CHICK-FIL-A AT MECHANICSBURG, Defendants. Consolidated Case No. 11-6037 Civil Action -Law PLAINTIFFS' IlVTERROGATORIES ADDRESSED TO DEFENDANTS BRIAN GIBBON, INDIVIDUALLY AND BRIAN GIBBON t/d/b/a CHICK FIL-A AT MECHANICSBURG. FIRST SET TO: BRIAN GIBBON, Individually and BRIAN GIBBON t/d/b/a CHICKFIL-A AT MECHANICSBURG, c% Gerard Smith, Esq., Nanlty, Scaricamazza & McDevitt, LLC, 1617 John F. Kennedy Blvd., One Penn Center, Suite 750, Philadelphia,. PA 19103. PURSUANT TO THE PROVISIONS of the Pennsylvania Rules of Civil Procedure, you are required to serve a copy on the undersigned, of your answers and objections, if any, in writing and under oath, to the following interrogatories, within thirty (30) days a$er service of these interrogatories. .LC Dated: March 7, 2012 By: 1. The conjunctions "AND" and "OR" shall be interpreted to mean "and/or" AND shall not be interpreted to exclude ANY information otherwise within the scope of any request. 2. "ANY" shall also mean "ALL" and vice versa. 3. "CUSTODIAN" shall mean the PERSON having POSESSION, CUSTODY, OR CONTROL of ANY WRITING OR physical evidence. 4. "DEFENDANT" whether used in the singular or plural, shall mean Brian Gibson, individually and Brian Gibson t/d/b/a Chick-fil-A at Mechanicsburg. 5. "IDEN"TIFY" means when used in reference to: a. a WRITING, means to state separately: (1) its description (e.g. letter, report, memorandum, email, facsimile, etc.); (2) its date; (3) its subject matter, (4) the identity of each author or signer; AND, (5) its present location and the identity of its CUSTODIAN. b. a natural person or versons, means to state separately: (1) the full name of each such person; (2) his or her present or last known business address and . his or her present or last known residential address; AND (3) the employer of the person at the time to which the interrogatory answer is directed and the person's title or position at that time. c. an organization or entity other than a natural person (e.g., a company, corporation, firm, association, or partnership), to state separately: (1) the full name and type of organization or entity; (2) the date and state of organization or incorporation; (3) the address of each of its principal places of business, AND, (4) the nature of the business conducted. 6. "INCIDENT" shall mean the accident, event, or occurrence taking place at the SUBJECT PREMISES on or about Tuesday, October 13, 2009 involving Minor Plaintiff Peyton J. Moll. 7. "PERSON" whether used in the singular or plural, shall mean ANY individual, firm, parhiership, corporation, association, organization, business OR governmental entity OR subdivision, agency, department, AND ANY "PERSON" acting by OR through, directly OR indirectly, ANY other "PERSON" as well as ANY "PERSON" by whom such "PERSON" was controlled with respect to the molter in question. -i- 8. The term "POSSESSION, CUSTODY OR CONTROL" includes the joint OR several possession, custody OR control not only by DEFENDANT, but also by ANY AND ALL PERSONS acting OR purporting to act in concert with OR on behalf of DEFENDANT whether as an agent, employee, attorney, accountant OR otherwise. 9. "SUBJECT PREMISES" shall mean Chick-fil-A at Mechanicsburg, located at 6416 Carlisle Pike, Suite 3500, Mechanicsburg, Pennsylvania, 17050. 10. "WRITING" shall mean, without limitation, ANY AND ALL handwritten material, typewritten material, electronic material, printed material, photocopies, photographs, AND every other means of recording upon ANY tangible thing, together with ANY form of communication OR other representation however preserved, produced, reproduced, OR maintained, of ANY type OR description, regardless of origin OR location. 11. "YOU" and/or "YOUR" shall mean DEFENDANT, as well as his agents, attorneys, employees, ~ accountants, consultants, independent contractors, AND ANY other PERSON associated with OR affiliated with DEFENDANT OR purporting to act on DEFENDANT'S behalf with respect to the matter in question. -ll - INTERROGATORIES I. Personal Information. State: (a) Your full name; (b) Each other name, if any, which you have used or by which you have been laiown; (c) The address of your present residence and the address of each other residence which you have had during the past five years; and, (d) Your present occupation and the name and address of your employer. ANSWER: :-.ah<. -1- ~2. Insurance. If you are covered by any type of insurance, including any excess or umbrella ~. insurance, that might be applicable to the Incident, state the following with respect to each such policy: (a) The name of the insurance carrier which issued the policy; (b) The named insured under each policy and the policy number of each policy; (c) The type(s) and effective date(s) of each policy; and, (d) The amount of coverage provided for injury to each person, for each occurrence, and in the aggregate for each policy. ANSWER: -2- 3. Incident. Describe in your own words how the Incident occurred and state specifically and in detail what the claim or contention of the defendant will be regarding any cause or contributing cause of the Incident, including a statement in detail of the facts or information upon which any such contention is based. , ANSWER: -3- 4. Facfual basis for claims and defenses. State with particularity the factual basis for each claim or defense you are asserting in this case. ANSWER: -4- 5. Witnesses. nth reference to the Incident giving rise to the causes of action described in the Complaint, set forth the name, home, and business address of the following persons and the person's exact location and activity at the time of the Incident: (a) Those who actually saw all or part of the Incident; (b) Those who were present at or near the scene at the time of the Incident but did not seethe Incident; and, (c) Those who you may call on your behalf at trial. ANSWER: -5- 6. Statements. Did you or anyone on your behalf obtain from any party or witness a statement or memorandum, either written or oral, concerning this Incident? If yes, state: (a) The name and address of the person who made the statement; (b) Whether it was written or oral; (c) If oral, was a stenographic, mechanical, electrical or other recording, or transcript made thereof; (d) The name and address of the person to whom the statement was made, and identify the person; (e) If you answered yes to (a) through (d) above, state the name and address of the person having custody of the statement or memorandum; {f) The names and addresses of all persons who ,were present when the foregoing statements were made and identify them; (g) The time and place the statement was made; (h) The details of the statement; (i) How and when you first learned of the statement; and (j) Attach a copy of the written statements or memorandum or transcription of the oral statement or memorandum as an exhibit hereto. ANSWER: -6- 7. Conversations. At the time of the Incident, or immediately thereafter, employees have any conversation with or make any statements to any witnesses, or did any of the parties or witnesses make any statements employees? If so, for each such conversation or statement state in detail: (a) The substance of any such conversation or statement; (b) By whom made; (c) In whose presence made; (d) To whom it was made; and (e) The time and place made. ANSWER: did you or your of the parties or to you or your -7- 8. Reports of Incident. Identify all documents which describe the Incident or the cause thereof, including but not limited to any Incident reports and investigations relating to the Incident. ANSWER: -8- 9. Licensure. If you were required by law or regulation to be licensed for the activity in which you were engaged at the time of the Incident, state: (a) The type of license required; (b) The date you first obtained such a license; (c) The dates of issuance and expiration of your current licenses}; (d} The identity of the authority that issued your license(s); (e) The number of your license(s); (fj The nature and duration of any revocation or suspension of your license(s); and (g) The special restrictions, if any, imposed on your license. ANSWER: -9- 10. Criminal charges related to Incident. If you have been charged with any Criminal violations as a result of the Incident, describe the charges and identify all documents filed or served in connection with those charges. ANSWER: ~~ - 10 - 11. Demonstrative evidence. If you laiow of any photographs, motion pictures, video recordings, digital recordings, maps, diagrams, or models relevant to the Incident, whether currently existing or not, state for each such item: (a) The nature or type of such item; (b) The date when such item was made; (c) The identity of the person that prepared or made each item; (d) The subject that each item represents or portrays; (e) A brief description of the subject matter of each item; (f) If applicable, the date any item was destroyed and the identity of the person destroying the item; and (g) The present custodian of each item and the present address of the present custodian. ANSWER: -11- 12. Defect of Product or Products. Do you claim that there was a defect of any product or products involved in the Incident? If yes, specifically identify which product or products (for example, coffee, coffee maker, chair, table, tray, lid, cup, or place max) and why. ANSWER: -12- 13. Yonr Training and Instruction before the Incident. Describe all pre-Incident training and instruction which you gave or received for: (a) Serving, transporting or delivering food to customers; (b) Serving, transporting or delivering drinks to customers; (c) Serving, transporting or delivering coffee to customers; (d) Temperature at which coffee was to be maintained and served; (e} Affixing lids to cups, including coffee cups; (f) Use of beverage trays/holders for drinks or coffee; (g) Reporting Incidents and accidents; and (h) Emergency response to Incidents and accidents. ANSWER: -13- 14. Employee Training and Instruction before the Incident. Describe all pre-Incident training and instruction which employees at Chick-fil-A at Mechanicsburg were given or received for: (a) Serving, transporting or delivering food to customers; (b) Serving, transporting or delivering drinks to customers; (c) Serving, transporting or delivering coffee to customers; (d) Temperature at which coffee was to be maintained and served; (e) Affixing lids to cups, including coffee cups; (f) Use of beverage trays/holders for drinks or coffee; (g) Reporting Incidents and accidents; and (h) Emergency response to Incidents and accidents. ANSWER: -14- 15. Policies. Identify all guidelines, manuals, confidential information, trainitng videos, policies, methods, standards, specifications, etc. as defined in the Operator Agreexrient (the "OA") relating to: (a) Serving, transporting or delivering food to customers; (b) Serving, transporting or delivering drinks to customers; (c) Serving, transporting or delivering coffee to customers; (d) Temperature at which coffee was to be maintained and served; (e) Affixing lids to cups, including coffee cups; (fj Use of beverage trays/holders for drinks or coffee; (g) Reporting Incidents and accidents; and (h) Emergency response to Incidents and accidents. ANSWER: -15- .. 16. Investigation, inspection or ezamination. If there were any inspections or examinations of things involved in the Incident, including but not limited to the coffee, coffee maker, chair, table, tray, cup, lid, etc., either before or after the Incident, state: (a) The purpose of such investigation(s), inspection(s), or examination(s); (b) The dates when any inspections or examinations were made and by whom; (c) Whether there is any documentation relating to the inspections or examinations (if so, Identify such documentation}; (d) Whether there were oral reports made with respect to any inspections or examinations (if so, Identify such oral reports); and (e) Whether any investigation was in the regular course of business and standard procedure to investigate any accident on the premises of the restaurant when someone is injured. ANSWER: -16- 1.7. Repairs before the Incident. With respect to the coffee machine that made the coffee involved in the Incident, state: (a) Every repair or replacement made before the Incident; (b) The identity and employer of any person who made each repair or replacement; (c) The nature, purpose, and date of each repair or replacement; and (d) The identity of any document referring to each repair or replacement and the persons who have custody thereof. ANSWER: -17- 18. Comp~ints re Coffee Temperature. If, before the Incident, there were any complaints relating to the temperature of coffee served at Chick-Fil-A at Mechanicsburg, for each such complaint state: (a) The substance of the complaint; (b) The date(s) when the complaint was made; (c) The identity of the person(s) who made the complaints; (d) Whether the complaint was documented and Identify the document; and (e) Whether there were any oral reports made relating to the complaint. ANSWER: -18- 19. Complaints re Coffee Cnps and Lids. If, before the Incident, there were any complaints relating to the coffee cups or coffee cup lids used at Chick-Fil-A at Mechanicsburg, for each such complaint state: (a) The substance of the complaint; (b) The date(s) when the complaint was made; (c) The identity of the person(s) who made the complaints; (d) Whether the complaint was documented and Identify the document; and (e) Whether there were any oral reports made relating to the complaint. ANSWER: -19- 20. Malfunctions before the Incident. If, before the Incident, there were any malfunctions regarding the coffee machine that made coffee involved in the Incident, for each such malfunction: (a) Describe the malfunction; (b) State the date(s) when the malfunction occurred; (c) Identity the person(s) who experienced the malfunction; (d) Whether the malfunction was documented and Identify the documents; and (e) Whether there were any oral reports made relating to the malfunction. ANSWER -20- 21. Recalls, recommendations, and warnings. With respect to the coffee machine, coffee cup and coffee cup lid involved in the Incident, identify: (a} All recalls, recommendations, or warnings; and (b) Any persons who have custody of any document(s) referred to in your answer. ANSWER: -21- _22. Premises conditions. What does the defendant contend to be the condition of the premises on the occasion in question with respect to: (a) Lighting; (b) Repair and maintenance; (c) Visibility; (d) Slipperiness of walking surface; (e) Dampness; and (f j Physical obstructions. ANSWER: -22- 23. Employees/Managers on-duty. Please list the names and addresses of all employees and personnel on duty at the restaurant at the time of the Incident. For each such person, state: (a) Job title; and (b) Describe what they were doing at the time of the Incident. ANSWER: - 23 - 24. Chick-fil-A Contacts. Please list the names and addresses of all individuals you report to at Chick-fil-A corporate and/or regional offices. For each such Person, state the reason(s) you report to them. ANSWER: - 2~4 - 25. Reports. Identify all reports relating to this Incident that were provided to: (a) Chick-fil-A; (b) Any insurance carrier, (c) The MaII; and (d) Any other entity ANSWER: -25- 26. Investigations. Identity any Person which conducted an investigation of the Incident. For each such Person: (a) Describe what they investigated; (b) Describe what they did to investigate; and (c) Identify any documents relating to their investigation. ANSWER: -26- 27. Coffee Macbine and Cnps. Identify: (a) The manufacturer, model number and serial number of the coffee machine that made the coffee involved in the Incident; (b) The distributor of the coffee machine that made the coffee involved in the Incident; and (c) Identify the manufacturer of the cups and lids that contained the coffee involved in the Incident. ANSWER: -27- 28. FSiJ. Define the abbreviation FSU as it relates to either your restaurant or Chick-fil-A. .ANSWER: -28- 29. Inspections or examinations. If there were any inspections or examinations of the location involved in the Incident, either before or after the Incident, state: (a) The purpose of such inspection(s) or examination(s); (b) When any inspections or examinations were scheduled to be made and by whom; (c) The dates when any inspections or examinations were made and by whom; {d) Whether there is any documentation relating to the schedule of the inspections or examinations (if so, Identify such documentation); and (e) .Whether there were oral reports made with respect to any inspections or examinations {if so, Identify such oral reports). ANSWER: -29- PEYTON J. MOLL, a Minor, by COURT OF COMMON PLEAS LEIGHANN and SIiANE MOLL, his Parents CUMBERLAND COUNTY, and Natural Cruardians, and PENNSYLVANIA LEIGHANN and SHANE MOLL, husband and wife Plaintiffs, Consolidated Case No. 11-6037 vs. BRIAN GIBBON, Individually and BRIAN GIBBON t/d/b/a CHICK-FIL-A AT MECHANICSBURG, CHICK-FIL-A, INC., and CHICK-FIL-A, INC. t!d/b/a CHICK FIL-A AT MECHANICSBURG, Defendants. . Civil Action -Law CERTIFICATE OF SERVICE I, Elizabeth F. Warner, an employee of SkarlatosZonarich LLC, certify that.., I this day served a copy of PLAINTIFFS' INTERROGATORIES ADDRESSED TO DEFENDANTS MECHANICS$URG. FIRST SET upon the persoa(s) indicated. below via regular Y.7.S. Mail, postage prepaid at Harrisburg, Pennsylvania, and addressed as follows: Gerard Smith, Esq. Naulty, Scaricamazza & McDevitt, LLC 1617 John F. Kennedy Blvd. One Penn Center, Suite 750 Philadelphia, PA 19103 Dated: March 7, 2012 ,, E ' th F arner Legal Assistant SKARLATOSZONARICH LLC John R Zonaric.h, Esq. John B. Zonerid~, Esq. Brian W. Mains, Esq. Skarlatos & Zonarich Building 17 South Second Street, 6'~ Floor Harrisburg, Pennsylvania 17101 (717) 233-1000 (phone) (71?) 233-6740 (facsimile) .attorneys ja~ Plaixti,~s PEYTON J. MOLL, a Minor, by COURT OF COMMON PLEAS LEIGHANN and SHANE MOLL, his Parents CUMBERLAND COUNTY, and Natural Guardians, and PENNSYLVANIA LEIGHANN and SHANE MOLL, husband and wife Plaintiffs, Consolidated Case No. 11-6037 vs. Civil Action -Law BRIAN GIBBON, Individually and BRIAN GIBBON t/d/b/a CHICK-FIL-A AT MECHANICSBUR.G, CHICK-FII,-A, INC., and CHICK-FIL-A, INC. dd/b/a CHICK-FIL-A AT MECHANICSBURG, Defendants. PLAINTIFFS' REQUEST FOR PRODUCTION OF DOCUMENTS ADDRESSED TO DEFENDANTS, BRIAN GIBBON INDIVIDUALLY AND BRIAN t/d/b/a CHICK FIL-A AT MECHANICSBURG, FIRST SET TO: BRIAN GIBBON, Individually and BRIAN GIBBON t/d/b/a CHICIf-FII.-A A MECHArTICSBURG, c% Gerard Smith, Esq., Naulty, Scarier-~**~A~A & McDevitt, LLC, 161 John F. Kennedy Blvd., One Penn Center, Suite 750, Philadelphia, PA 19103. AND NOW, comes Plaintiffs, by and through their counsel, SkarlatosZonarich LLC, t hereby request that the above named Defendants produce the documents and tangible things descril below, pursuant to the Pennsylvania Rules of Civil Procedure, for inspection and/or photocopying Plaintiffs, Plaintiffs' attorneys and agents. The documents and tangible things shall be produced at offices of S1carlatosZonarich LLC, 17 South Second Street, 6th Floor, Harrisburg, Pennsylvania 171 within thirty (30) days after service of this request, at 1:00 p.m. or at such other time and place that parties may mutually agree. l:n responding to this request, you shall utilize the definitions and full the instructions hereinafter set forth, each of which shall be deemed a material part of this request. .LC Dated: March 7, 2012 By: INSTRUCTIONS FOR RESPONDING TO REQUEST FOR PRODUCTION OF DOCUMENTS A. With respect to each of the following requests, you. shall identify and/or produce documents which are known to you or which can be located or discovered by you through dilig~ effort on the part of you, your employees, representatives, attorneys or accountants, including but ~ limited to, all documents which are in the business or personal files of your employees, in ~ possession of your representatives, attorneys or accountants, or accessible to you, your employees, your representatives, attorneys or accountants. B. If any documents requested herein have been lost or destroyed, you shall provide in li of a true and correct copy thereof, a list of each document so lost or destroyed, togdther with i following information: (1) the date of origin; (2) a brief description of such document; (3) the author such document; (4) the date upon which the document was lost or destroyed; and (5) a brief stateme of the manner in which the document was lost or destroyed. C. If you object to the production of any document on the grounds that a privilege applicable thereto, you shall, with respect to that document, state: (1) the date of origin of 1 document; (2) the author of the document; (3) identify each person who prepared or participated in 1 preparation of the document; (4) the present location of the document and all copies thereof; and, i Provide sufficient information concerning the document and the circumstances thereof to substanti~ the claim of privilege and to permit the adjudication of the propriety of that claim. D. In the event that more than one copy of the document exists, the original shall produced, as well as every copy on which appears any notation or marking of any sort not appearing the original. E. For any documents that are stored or maintained in files in the normal course business, such documents shall be produced in such files, or in such a manner as to preserve a indicate the file from which such documents were taken. F. The following requests shall be deemed continuing so as to require further a~ supplemental production of documents by you in accordance with Pennsylvania Rule of Cis Procedure. 1. The conjunctions "and" and "or" shall be interpreted to mean "and/or" and shall not interpreted to exclude a~ information otherwise within the scope of any request. 2. "Any" shall also mean "all" and vice versa. 3. "Defendant" whether used in the singular or plural, shall mean, Brian individually, and Brian Gibson t/d/b/a Chick-fil-A at Mechanicsburg. 4. "Document" or "documents" includes without limitation any written, electronic, digit typed, printed, recorded, or graphic matter, however preserved, produced, or reproduced, of any type description, regardless of origin or location, including without limitation any binder, cover no certificate, letter, correspondence, record, table, chart; analysis, graph, schedule, report, test, stu memorandum, note, list, diary, log, calendar, telex, message (including but not limited to inter-offi and intro-office communications}, questionnaire, bill, purchase order, shipping order, contra memorandum of contract, agreement, assignment, license, certificate, permit, ledger, ledger entry, bo of account, check, order, invoice, receipt, statement, financial data, acknowledgement, computer data procession cazd, computer or data processing disk, computer generated matter, photogral photographic negative, phonograph recording, transcript or log of such recording, projectic videotape, firm, microfiche, and all other data compilations from which information can be obtained translated, reports and/or s»*n*nares of investigations, drafts and revisions of drafts of soy docume~ and original preliminary notes or sketches, no matter how produced or maintained, in your actual constructive possession, custody or control, or the existence of which you have knowledge, a whether prepared, published or released by you or by any other person. If a document has be prepared in several copies, 'or additional copies have been made, or copies are not identical (or which reason of subsequent modification of a copy by the addition of notations or other modification are no longer identical), each non-identical copy as a separate document. 5. "Incident" shall mean the accident, event, or occurrence taking place at the Premises on or about Tuesday, October 13, 2009 involving Minor Plaintiff Peyton J. Moll. 6. "Relating to" means consisting of, referring to, describing, discussing, evidencing, containing, reflecting, mentioning, concerning, pertaining to, citing, analyzing, or bearing any logical or factual connection with the matter discussed. 7. "Subject Premises" shall mean Chick-fil-A at Mechanicsburg, located at 6416 Pike, Suite 3500, Mechanicsburg, Permsylvania, 17050. 8. "You" and/or "your" shall mean Defendant, as well as their agents, attorne3 employees, accountants, consultants, independent contractors, and any other individual or enti associated with or affiliated with Defendants or purporting to act on Defendants' behalf with respect the matter in question. -ll- DOCUMENTS REQUESTED 1. Any and.all documents mentioned or identified in your response to "Plaintiffs' Interrogator Addressed to Defendants Brian Gibson, Individually and Brian Gibson t/d/b/a Chick-Fit-A Mechanicsburg, First Set". 2. Any and all documents relating to the Incident, including but not limited to any incident accident reports, investigative reports, memorandums, disciplinary actions, and post- investigations. 3. The entire insurance or third-party administrator claims and investigation file or files relating the Incident (excluding references to mental impressions conclusions or opinions representing 1 value or merit of the claim or defense or respecting strategy or tactics and privileg communication from counsel). 4. Any and all security/surveillance tapes, video recordings, digital recordings, pictures, and/or audio recordings relating to the Incident. 5. Any and all permits and licenses you operated under on the date of the Incident. 6. Any and all documents, guidelines, manuals, confidential information, training videos, policii methods, standards, specifications, etc. as defined in the Operator Agreement (the "OA") in use the Subject Premises at the time of the Incident pertaining to: a. The making, maintaining, and serving of coffee; b. Equipment, products, and devices relating to making, maintaining, and coffee; c. Relating to servers, counter people, and service of food and beverages to cus d. Serving, transporting or delivering food to customers; e. Serving, transporting or delivering drinks to customers; f. Serving, transporting or delivering coffee to customers; g. Temperature at which coffee was to be maintained and served; h. Affixing lids to cups, including coffee cups; i. Use of beverage trays/holders for drinks or coffee; j . Reporting Incidents and accidents; and k. Emergency response to Incidents and accidents. 7. Any and all employee manuals in use at the Subject Premises at and around the time of Incident. -1- 8. Copies of all i*+cnrance policies applicable to the Incident, including but not limited commercial general liability incnrance, umbrella or excessive coverage, and all certificates inc~manCe. 9. Any and all statements of witnesses, parties or others relating to the Incident. 10. Any and all documents containing. the name and home and business address of all contacted as potential witnesses. 11. A floor plan and/or photographs of the area utilized by Chick fil-A customers in the food court the Subject Premises which accurately depicts the Subject Premises on the date of the Incident. 12. A floor plan and/or photographs of the food court area of the Subject Premises which depicts the equipment layout and the service counter areas on the date of the Incident. 13. Any and all documents relating to any other burn injuries from coffee at the Subject since the Subject Premises opened. 14. Any and all documents relating to complaints of the temperature of the coffee at the Premises since the Subject Premises opened. 15. Any and all documents relating to complaints of coffee cups and/or coffee cup lids at the Premises since the Subject Premises opened. LLC Dated: March 7, 2012 By: Jo c Esquire Iden ' n No 19632 John narich, uire Identification No. 79989 . Brian W. Mains, Esquire Identification No. 310479 Skarlatos 8c Zonarich Building 17 South Second Street, 6th Floor Harrisburg, Pennsylvania 17101-2039 717.233.1000 (Telephone) Attorneys for. Plaintiffs -2- PEYTON J. MOLL, a Minor, by ~ COURT OF COMMON PLEAS LEIGHANN and SHANE MOLL, his Parents CUMBERLAND COUNTY, and Natural Guardians, and PENNSYLVANIA LEIGHANN and SHANE MOLL, husband and wife: Plaintiffs, Consolidated Case No. 11-6037 vs. . Civil Action -Law BRIAN GIBBON, Individually and BRIAN GIBBON tld/b/a CHICK-FIIrA AT MECHANICSBURG, CHICK-FIL-A, INC., and CHICK-FIL-A, INC. t/d/b/a CHICK-FIL-A AT MECHANICSBURG, Defendants. CERTIFICATE OF SERVICE I, Elizabeth F. Warner, an employee of SkarlatosZonarich LLC, certify that I this day served a copy of PLAINTIFFS' REQUEST FOR PRODUCTION OF DOCUMENTS ADD1tESSED T DEFENDANTS, BRIAN GIBBON INDIVIDUALLY AND BRIAN GIBBON t!d/b/a CHI - FIL-A AT MECHAIVICSBURG, FIRST SET upon the person(s) indicated below via regular U. . Mail, postage prepaid at Harrisburg, Pennsylvania, and addressed as follows: Gerard Smith, Esq. Naulty, Scaricamazza & McDevitt, LLC 1617 John F. Kennedy Blvd. One Penn Center, Suite 750 Philadelphia, PA 19103 Dated: March 7, 2012 Legal SKARLATOSZONARICH LLC john R Z.onarich, Esq. John B. Zonarich, Esq. Brian w. Mains, Esq. Skarh-tos & Zonarich Building . 17 South Sa©ond Sir~et, 6~' Floor Harrisburg, Pennsylvania 1710I (717) 233-1000 (phone) (717) 233-6740 (facsimile) Attorneys for Plainti,~s PEYTON 7. MOLL, a Minor, by COURT OF COMMON PLEAS LEIGHANN and SHANE MOLL, his Parents CUMBERLAND COUNTY, and Natural Guardians, and PENNSYLVANIA LEIGHANN and SHANE MOLL, husband and wife Plaintiffs, Consolidated Case No. 11-6037 vs. BRIAN GIBBON, Individually and BRIAN GIBSON dd/h/a CHICK-FIL-A AT MECHANICSBURG, CHICK-FIL-A, INC., and CHICK-FII,-A, INC. t/d/b/a CHICK-FIL-A AT MECHANICSBURG, Defendants. . Civil Action -Law PLAINITFFS' INTERROGATORIES ADDRESSED TO DEFENDANTS CffiCK FIL-A, INC. AND CHICK FIL-A. INC. t/d/b/a CHICK FIL-A AT MECHANICSBURG. FIRST SET TO: CHICKFIL-A, INC. and CHICK-FIL-A, INC. t/d/b/a CHICK-FIL-A AT MECHANICSBURG, c% Gerard Smith, Esq., Naulty, Scaricamazza & McDevitt, LLC, 1617 John F. Kennedy Blvd., One Penn Center, Suite 750, Philadelphia, PA 19103. PURSUANT TO THE PROVISIONS of the Pennsylvania Rules of Civil Procedure, you aze required to serve a copy on the undersigned, of your answers and objections, if any, in writing and under oath, to the following interrogatories, within thirty (30) days after service of these interrogatories. :LC Dated: March 7, 2012 By: 1. The conjunctions "AND" and "OR" shall be interpreted. to mean "and/or" AND shall not be interpreted to exclude ANY information otherwise within the scope of any request. 2. "ANY" shall also mean "ALL" and vice versa. 3. "CUSTODIAN" shall mean the PERSON having POSESSION, CUSTODY, OR CONTROL of ANY WRITING OR physical evidence. 4. "DEFENDANT" whether used in the singular or plural, shall mean Chick-fil-A, Inc. and Chick-fii-A, Inc. t/d/b/a Chick-51-A at Mechanicsburg. 5. "IDEN'CIFY" means when used in reference to: a. a WRITING, means to state separately: (1) its description (e.g. letter, report, memorandum, email, facsimile, etc.); (2) its date; (3) its subject matter; (4) the identity of each author or signer; AND, (5} its present location and the identity of its CUSTODIAN. b. a natural person or persons, means to state separately:, (1) the full name of each such person; (2) his or her present or last known business address and his or her present or last known residential address; AND (3) the employer of the person at the time to which the interrogatory answer is directed and the person's title or position a# that time. c. an organization or entity other than a natural person (e.g., a company, corporation, firm, association, or partnership), to state separately: (1) the full name and type of organization or entity; (2) the date and state of organization or incorporation; (3) the address of each of its principal places of business, AND, (4) the nature of the business conducted. 6. "INCIDENT" shall mean the accident, event, or occurrence taking place at the SUBJECT PREMISES on or about Tuesday, October 13, 2009 involving Minor Plaintiff Peyton J. Moll. 7. "PERSON" whether used in the singular or plural, shall mean ANY individual, firm, partnership, corporation, association, organization, business OR governmental entity OR subdivision, agency, department, AND ANY "PERSON" acting by OR through, directly OR indirectly, ANY other "PERSON" as well as ANY "PERSON" by whom such "PERSON" was controlled with respect to the matter in question. -i - 8. The term "POSSESSION, CUSTODY OR CONTROL" includes the joint OR several possession, custody OR control not only by DEFENDANT, but also by ANY AND ALL PERSONS acting OR purporting to act in concert with OR on behalf of DEFENDANT whether as an agent, employee, attorney, accountant OR otherwise. 9. "SUBJECT PREMISES" shall mean Chick-fil-A at Mechanicsburg, located at 6416 Carlisle Pike, Suite 3500, Mechanicsburg, Pennsylvania, 17050. 10. "WRITING" shall mean, without limitation, ANY AND ALL handwritten material, typewritten material, electronic material, printed material, photocopies, photographs, AND every other means of recording upon ANY tangible thing, together with ANY form of communication OR other representation however preserved, produced, reproduced, OR maintained, of ANY type OR description, regardless of origin OR location. 11. "YOU" and/or "YOUR" shall mean DEFENDANT, as well as his agents, attorneys, employees, accountants, consultants, independent contractors, AND ANY other PERSON associated with OR aBiliated with DEFENDANT OR purporting to act on DEFENDANTS behalf with respect to the matter in question. -ii - INZ~RROGATORIES 1. Insurance. If you are covered by any type of insurance, including any excess or umbrella insurance, that might be applicable to the Incident, state the following with respect to each such policy: (a) The name of the insurance carrier which issued the policy; (b) The named insured under each policy and the policy number of each policy; (c) The type(s) and effective dates) of each policy; and, (d) The amount of coverage provided for injury to each person, for each occurrence, and in the aggregate for each policy. ANSWER: -l- 2. Incident Describe in your own words how the Incident occurred and state specifically and in detail what the claim or contention of the defendant will be regarding any cause or contributing cause of the Incident, including a statement in detail of the facts or information upon which any such contention is based. ANSWER: -2- 3. Factual basis for claims and defenses. State with particularity the factual basis for each claim or defense you are asserting in t>zis case. ANSWER: -3- 4. Witnesses. With reference to the Incident giving rise to the causes of action described. in the Complaint, set forth the name, home, and business address of the following persons and the person's exact location and activity at the time of the Incident: (a) Those who actually saw all or part of the Incident; (b) Those who were present at or near the scene at the time of the Incident but did not seethe Incident; and, (c) Those who you may call on your behalf at trial. ANSWER: -4- 5. Statements. Did you or anyone on your behalf obtain from any parry or witness a statement or memorandum, either written or oral, concerning this Incident? If yes, state: (a) The name and address of the person who made the statement; (b) Whether it was written or oral; - - (c) If oral, was a stenographic, mechanical, electrical or other recording, or transcript made thereof; (d) The name and address of the person to whom the statement was made, and identify the person; (e) If you answered yes to (a) through (d) above, state the name and address of the person having custody of the statement or memorandum; (f) The names and addresses of all persons who were present when the foregoing statements were made and identify them; (g) The time and place the statement was made; (h) The details of the statement; (i) How and when you first learned of the statement; and (j) Attach a copy of the written statements or memorandum or transcription of the oral statement or memorandum as an exhibit hereto. ANSWER: -5- 6. Conversations. At the time of the Incident, or immediately thereafter, did you or your employees have any conversation with or make any statements to any of the parties or witnesses, or did any of the parties or witnesses makc any statements to you or your employees? If so, for each such conversation or statement state in detail: (a) The substance of any such conversation or statement; (b) By whom made; (c) In whose presence made; (d) To whom it was made; and (e) The time and place made. ANSWER: -6- 7. Reports of Incident. Identify all documents which describe the Incident or the cause . thereof, including but not limited to any Incident reports and investigations relating to the Incident. ANSWER: -7- 8. Licensnre. ff you were required by law or regulation to be licensed for the activity in which you were engaged at the time of the Incident, state: (a) The type of license required; (b) The date you first obtained such a license; (c) The dates of issuance and expiration of your current license(s); (d) The identity of the authority that issued your license(s); (e) The number of your license(s); (f) The nature and duration of any revocation or suspension of your license(s); and (g) The special restrictions, if any, imposed on your license. ANSWER: -8- 9. Criminal charges related to Incident. If there have been any Criminal violations as a result of the Incident, describe the charges and identify all documents filed or served. in connection with those charges. ANSWER: -9- 10. Demonstrative evidence. If you lmow of any photographs, motion pictures, video recordings, digital recordings, maps, diagrams, or models relevant to the Incident, whether currently existing or not, state for each such item: (a) The nature or type of such item; (b) The date when such item was made; (c) The identity of the person that prepared or made each item; (d) The subject that each item represents or portrays; (e) A brief description of the subject matter of each item; (f) If applicable, the date any item was destroyed and the identity of the person destroying the item; and (g) The present custodian of each item and the present address of the present custodian. ANSWER: -10- 11. Defect of Product or Products. Do you claim that there was a defect of any product or products involved in the Incident? If yes, specifically identify which product or products (for example, coffee, coffee maker, chair, table, tray, lid, cup, or place mat) and why. ANSWER -11- 12. Your Training and Instrnction before the Incident. Describe all pre-Incident training and instruction which you gave or received for: (a) Serving, transporting or delivering food to customers; (b) Serving, transporting or delivering drinks to customers; (c) Serving, transporting or delivering coffee to customers; (d) Temperature at which coffee was to be maintained and served; (e) Affi~cing lids to cups, including coffee cups; (f) Use of beverage trays/holders for drinks or coffee; (g) Reporting Incidents and accidents; and (h) Emergency response to Incidents and accidents. ANSWER: -12- 13. Employee Training and Instractioa before the Incident. Describe all pre-Incident training and instruction which employees at Chick-fil-A at Mechanicsburg were givett or received for: (a) Serving, transporting or delivering food to customers; (b) Serving, transporting or delivering drinks to customers; (c) Serving, transporting or delivering coffee to customers; (d) Temperature at which coffee was to be maintained and served; (e) Affixing lids to cups, including coffee cups; (f) Use of beverage trays/holders for drinks or coffee; (g) Reporting Incidents and accidents; and (h) Emergency response to Incidents and accidents. ANSWER: -13- 14. Policies. Identify all guidelines, manuals, confidential information, training videos, policies, methods, standards, specifications, etc. as defined in the Operator Agreement (the "OA"} relating to: (a) Serving, transporting or delivering food to customers; (b) Serving, transporting or delivering drinks to customers; (c) Serving, transporting or delivering coffee to customers; (d} Temperature at which coffee was to be maintained and served; (e) Affixing lids to cups, including coffee cups; (f) Use of beverage trays/holders for drinks or coffee; (g) Reporting Incidents and accidents; and (h} Emergency response to Incidents and accidents. ANSWER: -14- 15. Investigation, inspection or ezamination. ff there were any inspections or examinations of things involved in the Incident, including but not limited to the coffee, coffee maker, chair, table, tray, cup, lid, etc., either before or after the Incident, state: (a} The purpose of such investigation(s), inspection(s), or examination(s); (b) The dates when any inspections or examinations were made and by~whpm; (c} Whether there is any documentatian relating to the inspections or examinations (if so, Identify such documentation); (d) Whether there were oral reports made with respect to any inspections or examinations (if so, Identify such oral reports); and (e) Whether any investigation was in the regular course of business and standard procedure to investigate any accident on the premises of the restawrant when someone is injured. ANSWER: -15- 16. Repairs before the Incident. With respect to the coffee machine that made the coffee involved in the Incident, state: (a) Every repair or replacement made before the Incident; (b) The identity and employer of any person who made each repair or replacement; (c) The nature, purpose, and date of each repair or replacement; and (d) The identity of any document referring to each repair or replacement and the persons who have custody thereof. ANSWER: -16- 17. Mechanicsburg Complaints re Coffee Temperature. If, before the Incident, there were any complaints relating to the temperature of coffee served at Chick-Fil-A at Mechanicsburg, for each such complaint state: (a) The substance of the complaint; (b) The dates} when the complaint was made; (c) The identity of the person(s) who made the complaints; (d) Whether the complaint was documented and Identify the document; and (e) Whether there were any oral reports made relating to the complaint. ANSWER: -17- 18. Mechanicsburg Complaints re Coffee Cnps and Lids. If, before the Incident, there were any complaints relating to the coffee cups or coffee cup lids used at Chick-Fil-A at Mechanicsburg, for each such complaint state: (a) The substance of the complaint; (b) The date(s) when the complaint was made; (c) The identity of the person(s) who made the complaints; (d) Whether the complaint was documented and Identify the document; and (e~ Whether there were any oral reports made relating to the complaint. ANSWER: -18- 19. National Complaints re Coffee Temperature. If, before the Incident, there were any complaints relating to the temperature of coffee served at any Chick-Fil-A restaurant in the last five (5) years, for each such complaint state: (a) The substance of the complaint; (b) The date(s) when the complaint was made; (c) The identity of the person(s) who made the complaints; (d) Whether the complaint was documented and Identify the document; and (e) Whether there were any oral reports made relating to the complaint. ANSWER: -19- 20. National Complaints re Coffee Cnps and Lids. If, before the Incident, there were any complaints relating to the coffee cups or coffee cup lids used at any Chick-Fil-A restaurant in the last five (5) years, for each such complaint state: (a) The substance of the complaint; (b) The date(s) when the complaint was made; (c) The identity of the person(s) who made the complaints; (d) Whether the complaint was documented and Identify the document; and (e) Whether there were any oral reports made relating to the complaint. ANSWER: -20- 21. Malfunctions before the Incident. If, before the Incident, there were any malfimctions regarding the coffee machine that made coffee involved in the Incident, for each such malfunction: (a) Describe the malfunction; (b) State the date(s) when the malfunction occurred; (c) Identity the person(s) who experienced the malfmction; (d) Whether the matfimction was documented and Identify the documents; and (e) Whether there were any oral reports made relating to the malfunction. ANSWER: -21- 22. Recalls, recommendations, and warnings. With respect to the coffee machine, coffee cup and coffee cup lid involved in the Incident, identify: (a) All recalls, recommendations, or warnings; and (b) Any persons who have custody of any document(s) referred to in your answer. ANSWER: -22- 23. Premises conditions. What does the defendant contend to be the condition of the premises on the occasion in question with respect to: (a) Lighting; (b) Repair and maintenance; (c) Visibility; (d) Slipperiness of walking surface; (e) Dampness; and (f j Physical obstructions. ANSWER: - 23 - 24. Employees/11~Ian~gers on-duty. Please list the names and addresses of all employees.and personnel on duty at the restaurant at the time of the Incident. For each such person, state: (a) Job title; and (b) Describe what they were doing at the time of the Incident. ANSWER: -24- 25. Click 51 A Contacts. Please list the names and addresses of all individuals Brian Gibson reports to at Chick-fit A corporate and/or regional offices. For each such Person, state the reason(s) he reports to them. ANSWER: - 25 - 26. Reports. Identify all reports relating to this Incident that were provided to: (a) Chick-fil-A; (b} Any insurance carrier, (c) The Mall; and (d) Any other entity ANSWER: -26- 27. Investigations. Identity any Person which conducted an investigation of the Incident. For each such Person: (a) Describe what they investigated; (b) Describe what they did to investigate; and (c) Identify any documents relating to their investigation. ANSWER: -27- 28. Coffee Machine and Cnps. Identify: (a) The manufacturer, model number and serial number of the coffee machine that made the coffee involved in the Incident; (b) The distributor of the coffee machine that made the coffee involved in the Incident; and (c) Identify the manufacturer of the cups and lids that contained the coffee involved in the Incident. ANSWER: -28- 29. FSU. Define the abbreviation FSU as it relates to either your restaurant or Chick-fil-A. ANSWER: -29- 30. Inspections or examinations. If there were any inspections or examinations of the location involved in the Incident, either before or after the Incident, state: (a) The purpose of such inspection(s) or examination(s); (b) When any inspections or examinations were scheduled to be made and by whom; (c) The dates when any inspections or examinations were made and by whom; (d) Whether there is any documentation relating to the schedule of the inspections or examinations (if so, Identify such documentation}; and (e) Whether there were oral reports made with respect to any inspections or examinations (if so, Identify such oral reports). ANSWER: -30- PEYTON J. MOLL, a Minor, by LEIGHANN and SHANE MOLL, his Parents and Natural Guardians, and . LEIGHANN and SHANE MOLL, husband and wife Plaintiffs, vs. BRIAN GIBBON, Individually and BRIAN GIBBON t/d/b/a CHICK-FIL-A AT MECHANICSBURG, CHICK-FII.-A, INC., and CHICK-FIL-A, INC. t/d/b/a CHICK-FIL-A AT MECHANICSBURG, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Consolidated Case No. 11-6037 . Civil Action -Law CERTIFICATE OF SERVICE I, Elizabeth F. Warner, an employee of SkarlatosZonarich LLC, certify that I this day served a copy of PLAINTIFFS' INTERROGATORIES ADDRESSED TO DECANTS MLGICSBURG. FIItST SET upon the person(s) indicated below via regular U.S. Mail, postage prepaid at Harrisburg, Pennsylvania, and addressed as follows: Gerard Smith, Esq. Nauity, Scaricamazza & McDevitt, LLC 1617 John F. Kennedy Blvd. One Penn Center, Suite 750 Philadelphia, PA 19103 Dated: March 7, 2012 Legal SICARI.ATOSZONARICH LLC John R Zonaricl~ Esq. John B. Zonarich, Esq. Brian W. Mains, Esq. Skarlatos 8c Zonarich Building ' `~ I7 South Second Street, 6° Floor Harrisburg, Pennsylvania 17101 (717) 233-1000 (phone) (717) 233-6740 (facsimile) Attorneys for Plainti,~s PEYTON J. MOLL, a Minor, by LEIGHANN and SHANE MOLL, his Parents and Natural Guardians, and LEIGHANN and SHANE MOLL, husband and wife Plaintiffs, vs. BRIAN GIBBON, Individually and BRIAN GIBBON t/d/b/a CHICK-FIL-A AT MECHANICSBURG, CHICK-FIL-A, INC., and CHICK-FIL-A, INC. t/d/b/a CHICK-FIL-A AT MECHANICSBURG, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUN'T'Y, PENNSYLVANIA Consolidated Case No. 11-6037 Civil Action -Law PLAINTIFFS' REQUEST FOR PRODUCTION OF DOCUMENTS ADDRESSED TO DEFENDANTS, CffiCK FIL-A, INC. AND CffiCK FIL-A, INC. t/d/b/a CHICK FIL-A AT MECHANICSBURG, FIRST SET TO: CHICKFIL-A, INC. and CffiCKFIL-A, INC. t/d/b/a CffiCK-FIL-A AT MECHANICSBURG, c/o Gerard Smith, Esq., Naulty, Scaricamazza & McDevitt, LLC, 161 John F. Kennedy Blvd., One Penn Center, Suite 750, Philadelphia, PA 19103. AND NOW, comes Plaintiffs, by and through their counsel, SkarlatosZonarich LLC, an hereby request that the above named Defendants produce the documents and tangible things describe below, pursuant to the Pennsylvania Rules of Civil Procedure, for inspection and/or photocopying b Plaintiffs, Plaintiffs' attorneys and agents. The documents and tangible things shall be produced at tb offices of SkarlatosZonarich LLC, 17 South Second Street, 6th Floor, Harrisburg, Pennsylvania 1710: within thirty (30) days after service of this request, at 1:00 p.m. or at such other time and place that tb parties may mutually agree. In responding to this request, you shall utilize the definitions and follo~ the: instructions hereinafter set forth, each of which shall be deemed a material part of this request. ~LC Dated: March 7, 2012 By: INSTRUCTIONS FOR RESPONDING TO REQUEST FOR PRODUCTION OF DOCUMENTS - A. With respect to each of the following requests, you shall identify and/or produce documents which are known to you or which can be located or discovered by you through dilig effort on the part of you, your employees, representatives, attorneys. or accountants, including but limited to, all documents which are in the business or personal files of your employees, in possession of your representatives, attorneys or accountants, or accessible to you, your employees, your representatives, attorneys or accountants. B. If any documents requested herein have been lost or destroyed, you shall provide in li of a true and correct copy thereof; a list of each document so lost or destroyed, together with t following information: (1) the date of origin; (2) a brief description of such document; (3) the author such document; (4) the date upon which the document was lost or destroyed; and (5) a brief stateme of the manner in which the document was lost or destroyed. C. If you object to the production of any document on the grounds that a privilege applicable thereto, you shall, with respect to that document, state: (1) the date of origin of t document; (2) the author of the document; (3) identify each person who prepared or participated in t preparation of the document; (4) the present location of the document and all copies thereof; and, ~ Provide sufficient information concerning the document and the circumstances thereof to substanti~ the claim of privilege and to permit the adjudication of the propriety of that claim. D. In the event that more than one copy of the document exists, the original shall- produced, as well as every copy on which appears any notation or marking of any sort not appearing the original. E. For any documents that are stored or maintained in files in the normal course business, such documents shall be produced in such files, or in such a manner as to preserve indicate the file from which such documents were taken. F. The following requests shall be deemed continuing so as to require further supplemental production of documents by you in accordance with Pennsylvania Rule of Procedure. DEFINITIONS 1. ~ The conjunctions "and" and "or" shall be interpreted to mean "and/or" and shall not interpreted to exclude any information otherwise within the scope of any request. 2. "Any" shall also mean "all" and vice versa. 3. "Defendant" whether used in the singular or plural, shall mean Chick-fil-A, Inc. Chick-fil-A, Inc. t/d/b/a Chick-fil-A at Mechanicsburg. 4. "Document" or "documents" includes without limitation any written, electronic, digit typed, printed, recorded, or graphic matter, however preserved, produced, or reproduced, of any type description, regardless of origin or location, including without limitation any binder, cover no certificate, letter, correspondence, record, table, chart, analysis, graph, schedule, report, test, stu memorandum, note, list, diary, log, calendar, telex, message (including but not limited to inter-off and intro-office communications), questionnaire, bill, purchase order, shipping order, contra memorandum of contract, agreement, assignment, license, certificate, permit, ledger, ledger entry, bo of account, check, order, invoice, receipt, statement, financial daze, acknowledgement, computer data. procession card, computer or data processing disk, computer generated matter, photogral photographic negative, phonograph recording, transcript or log of such recording, projectic videotape, firm, microfiche, and all other data compilations from which information can be obtained translated, reports and/or summazies of investigations, drafts and revisions of drafts of any documei aad original preliminary notes or sketches, no matter how produced or maintained, in your actual constructive possession, custody or control, or the existence of which you have knowledge, a whether prepared, published or released by you or by any other person. ff a document has be prepared in several copies, or additional copies have been made, or copies aze not identical {or which reason of subsequent modification of a copy by the addition of notations or other modificatioi are no longer identical), each non-identical copy as a separate document. 5. "Incident" shall mean the accident, event, or occurrence taking place at .the Premises on or about Tuesday, October 13, 2009 involving Minor Plaintiff Peyton J. Moll. 6. "Relating to" means consisting of, referring to, describing, discussing, constituti evidencing, containing, reflecting, mentioning, concerning, pertaining to, citing, summarizi analyzing, or bearing any logical or factual connection with the matter discussed. 7. "Subject Premises" shall mean Chick-fil-A at Mechanicsburg, located at 6416 Pike, Suite 3500, Mechanicsburg, Pennsylvania, 17050. 8. "You" and/or "your" shall mean Defendant, as well as their agents, attorne; employees, accountants, consultants, independent contractors, and any other individual or ent associated with or affiliated with Defendants or purporting to act on Defendants' behalf with respect the matter in question. -ii- DOCUMENTS REQUESTED 1. Any and all docume~s mentioned or identified in your response to "Plaintiffs' Interrogato Addressed to Defendants Chick-fit-A, Inc. and Chick-fit=A, Inc. t/d/b/a Chick-Fit-A Mechanicsburg, First Set". 2. A~ and all documents relating to the Incident, including but not limited to any incident accident reports, investigative reports, memorandums, disciplinary actions, and post- investigations. 3. The entire insurance or third-party administrator claims and investigation file or files relating the Incident (excluding references to mental impressions conclusions or opinions representing 1 value or merit of the claim or defense or respecting strategy or tactics and privileg communication from counsel). 4. Any and all security/surveillance tapes, video recordings, digital recordings, pictures, and/or audio recordings relating to the Incident. 5. Any and all permits and licenses you operated under on the date of the Incident at the Premises. 6. Any and all documents, guidelines, manuals, confidential information, training videos, polici~ methods, standards, specifications, etc. as defined in the Operator Agreement (the "OA's in use the Subject Premises at the time of the Incident pertaining to: a. The making, maintaining, and serving of coffee; b. Equipment, products, and devices relating to making, maintaining, and coffee; c. Relating to servers, counter people, and service of food and beverages to cus d. Serving, transporting or delivering food to customers; e. Serving, transporting or delivering drinks to customers; f. Serving, transporting or delivering coffee to customers; g. Temperature at which coffee was to be maintained and served; h. Affixing lids to cups, including coffee cups; i. Use of beverage trays/holders for drinks or coffee; j. Reporting Incidents and accidents; and k. Emergency response to Incidents and accidents. 7. Any and all employee manuals in use at the Subject Premises at and azound the time of Incident. -1- 8. Copies of all insurance policies applicable to the Incident, including but not limited commercial general liability insurance, umbrella or excessive coverage, and all certificates insurance. 9. Any and all statements of witnesses, parties or others relating to the Incident. 10. Any and all documents containing the name and home and business address of all contacted as potential witnesses. 11. A floor plan and/or photographs of the area utilized by Chick-fil-A customers in the food court the Subject Premises which accurately depicts the Subject Premises on the date of the Incident. 12. A floor plan and/or photographs of the food court area of the Subject Premises which depicts the equipment layout and the service counter areas on the date of the Incident. 13. Any and all documents relating to any other burn injuries from coffee at the Subject since the Subject Premises opened. 14. Any and all documents relating to complaints of the temperature of the coffee at the Premises since the Subject Premises opened. 15. Any and all documents relating to complaints of coffee cups and/or coffee cup lids at the Subj Premises since the Subject Premises opened_ 16. Any and all documents relating to complaints of the temperature of the coffee at any Chick-fil restaurant in the five (5) years before the Subject Premises opened. 17. Any and all documents relating to complaints of coffee cups and/or coffee cup lids at any fil-A restaurant in the five (5) years before the Subject Premises opened. LLC Dated: March 7, 2012 By: John Esquire Iden 'on .19632 John . Zonaric Esquire I cation No. 79989 Brian W. Mains, Esquire Identification No. 310479 -2- Skarlatos & Zonarich Building 17 South Second Street, 6th Floor Harrisburg, Pennsylvania 17101-2039 717.233.1000 (Telephone) Attorneys for Plaintiffs 3- PE-YTON J. MOLL, a Minor, by LEIGHANN and SHANE MOLL, his Parents and Natural Guardians, and LEIGHANN and SHANE MOLL, husband and wife Plaintiffs, vs. BRIAN GIBSON, Individually and BRIAN GIBSON t/d/b/a CHICK-FIL-A AT MECHANICSBURG, CHICK-FIIrA, INC., and CHICK-FIL-A, INC. t/dlb/a CHICK-FIL-A AT MECHANICSBURG, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Consolidated Case No. 11-6037 . Civil Action -Law - CERTIFICATE OF SERVICE I, Elizabeth F. Warner, an employee of SkarlatosZonarich LLC, certify that I this day served a copy of PLAINTIFFS' REQUEST FOR PRODUCTION OF DOCUMENTS ADDRESSED T DEFENDANTS, CffiCK FIL-A, INC. AND CffiCK FIL-A, INC. t/d/bla CffiCK FIL-A MECHANICSBURG, FIRST SET upon the person(s) indicates below via regular U.S. Mail, po e prepaid at Harrisburg, Pennsylvania, and addressed as follows: Gerard Smith, Esq. Naulty, Scaricamazza & McDevitt, LLC 1617 John F. Kennedy Blvd. One Penn Center, Suite 750 Philadelphia, PA 19103 Dated: March 7, 2012 Elizabeth ~ Warner Legal Assistant ~~ > > ~^ ~ T T 17 South Second Street, ~ Floor SkarlatosZonarlc~ LLC Harrisburg, PA 171 1.2039 Sound Advice. Smatter Decisions. 717.233.1 Voice 717.233.6 40 Fax John B. Zonsrich, May 21, 2012 Gerard X. Smith, Esquire Naulty, Scaricamazza. 8c McDevitt, LLC One Penn Center At Suburban Station 1617 John F. Kennedy Blvd, Suite 750 Philadelphia, PA 19103 Re: Peyton J. Moll, a Minor by Leighann and Shane MoII, his parents and Natural Guardians, Leighann.and Shane Moll, husband and`wife v. Brian Gibson, Individually and Brian Gib t/d/b/a Chick Fil-A of Mechanicsburg, et al. Cumberland County Consolidated Case No. 11-6037 Dear Jerry: After reviewing my file, I note that two things are outstanding and I write to address them both. First, your clients' responses to my client's March 7, 2012 Interrogatories and Requests for Produc of Documents are overdue. I have not, until now, written to address this issue with you given your previo professional courtesy in providing me with an extension within which to provide my clients' responses to clients' discovery; however, sufficient time has now passed. Kindly provide your clients' responses. Second, I write in response to your letter of Mazch 21, 2012. Due to the Moll family's necessary travel from Wisconsin back to Pennsylvania and the corre conflict with school and work, I am having difficulty setting up such a meeting. To move this matter without further delay, I will see that current photographs aze taken and produced as a supplemental pi to my clients' response to your request for production of documents. Regarding Peyton Moll's medical treatment, you correctly list five (5) of the medical providers the provided medical treatment to him. The medical providers you did not list are the first responders (Silver Spring Ambulance and Rescue Assoc., West Shore EMS and Life Lion). Note that the records from the fi responders were produced in my clients' Response to your client's Request for Production of Documents. Regarding statements, I apologize for the confusion. Your request for production of document nt two (2) only requests statements. I do not have any statements. Your interrogatory number twelve (12) requests statements and memorandums. In response, I referred you to the documents produced generally did produce Leighann Moll's journal concerning the incident. A Member of LawPact~*+ - An International Association of Independent Business Law Firms SkarlatosZonarich 1.,Lc May ai, zoi2 Page 2 Certainly, if you have any additional questions or concerns, please don't hesitate to contact me. JBZJbjm . a ~'~ arlatos~,and~ ~C~'1 LLC SoundAdti~ice. SmarterDecisioizs. 17 South Second Stre Harrisburg, PA 717.Z3? 717.2 John B. July 27, 2012 Gerard X. Smith, Esquire Naulty, Scaricamazza & McDevitt, LLC One Penn Center At Suburban Station 1617 John F. Kennedy Blvd, Suite 750 Philadelphia, PA 19103 FILE COPY Re: Peyton J. Moll, a Minor by Leighann and Shane Moll, his parents and Natural Guardi Leighann and Shane Moll, husband and wife v. Brian Gibson, Individually and Brian tId/b/a Chick-Fil-A at Mechanicsburg, et al. Cumberland County Consolidated Case No. 11-6037 Dear Jerry: 6'~ Floor Voice 0 Fax Esquire and Enclosed please find Plaintiffs' First Supplemental Response to Defendant Chick-Fil-A, Inc.'s Request for Production of Documents. Note that the photographs were taken June 18, 2012. As of this date, you have neither responded to my letter of May 21, 2012, nor have your clie filed an Answer to the Complaint or provided their responses to my clients' March 7, 2012 Interrogatories an Requests for Production of Documents. I have been very patient. More than sufficient time has passed. If I do not receive the ab Friday, August 10, 2012, I will have no choice but to serve a 10 day Notice and Motion to Compel. JBZ/bjm Enclosure items by A Member of LawPactT"~ - An International Association of Independent Business Law Firms ~- O PEYTON J. MOLL, a Minor, by COURT, OF COMMON PLEAS LEIGHANN and SHANE MOLL, his Parents CUMBERLAND COUNTY, and Natural Guardians, and PENNSYLVANIA LEIGHANN and SHANE MOLL, husband and wife Plaintiffs, Consolidated Case No. 11-6037 vs. Civil Action -Law G BRIAN GIBBON, Individually and BRIAN GIBSON ~~„ t/d/b/a CHICK-FIL-A AT MECHANICSBURG, _ ~ ~ CHICK-FIL-A, INC., and CHICK-FIL-A, INC. t/d/b/a ~ ~' CHICK-FIL-A AT MECHANICSBURG, Defendants. ORDER © ~; ~. ~ AND NOW, thi~'v day of ~i , 2012 upon consideration of Plaintiff's Motion to Compel Response to Discovery, it is hereby ORDERED and DECREED that Defendants Brian Gibson, Individually and Brian Gibson t/d/b/a Chick-Fil-A at Mechanicsburg; Chick-Fil-A, Inc., and Chick-Fil-A, Inc. t/d/b/a Chick-Fil-A at Mechanicsburg are ordered to serve their answers to Plaintiffs' Interrogatories and Requests for Production of Documents no later than ten (10) days from the date of this Order. Any and- all objections to Plaintiffs' Interrogatories and Requests for Production of Documents are hereby deemed to be waived by reason of Defendants' failure to comply with the Pennsylvania Rules of Civil Procedure. IT IS FURTHER ORDERED AND DECREED that failure or refusal to comply with this Order shall constitute contempt of this Court which shall subject Defendants to further sanctions including but not limited to civil fines; and further sanctions pursuant to Pa. R.C.P. 4019, including but not limited to attorney's fees. BY THE COURT: J. Distribution: /John B. Zonarich, Esq., SkarlatosZonarich LLC, 17 South Second Street, 6th Floor, Harrisburg, Pennsylvania 17101-2039 /Gerard X. Smith, Esq., 1617 John F. Kennedy Boulevard, One Penn Center, Suite 750, Philadelphia, Pennsylvania 19103 :~ SKARLATOSZONARICH LLC ,lohn R. Zonarich, Esq. ' .lohn B. Zonarich. Esq. Brian W. Mains, Esq. Skarlatos &Zonarich Building 17 South Second Street, 6`" Floor Harrisburg, Pennsylvania 17101 (717) 233-1000 (phone) (717) 233-6740 (facsimile) Attorneys for Plaintiffs ~~ ~'HE pRQ71~~P~~~'~~~~ 2111 dU6 30 PM 12~ 34 CU~t,YLVANtA~iY PEYTON 3. MOLL, et al. vs. BRIAN GIBSON, et al. COURT OF COMMON PLEA Plaintiffs, CUMBERLAND COUNTY, PENNSYLVANIA Consolidated Case No. 11-6037 Defendants. Civil Action -Law Response to Defendants' New Matter ANp Now Plaintiffs, by and through their counsel, SkarlatosZonarich LLC, hereby respond to Defendants' New Matter as follows: 50. Denied as a conclusion of law to which no response in required. To the extent a response is required; it is specifically denied that Defendants' actions or failures to act, or of any employee of Defendants, were not the cause of Plaintiffs injuries. 51. Denied as a conclusion of law to which no response in required. To the extent a response is required; it is specifically denied that Defendants' actions, or those of any employee of Defendants, demonstrated due and proper care under the circumstances. 52. Denied as a conclusion of law to which no response in required. 53. Denied. Strict proof thereof is demanded. WHEREFORE, Plaintiffs request that this Honorable Court grant judgment in their favor against Defendants Brian Gibson, Individually and Brian Gibson t/d/b/a Chick-Fil-A at Mechanicsburg, Chick-Fil-A, Inc. and Chick-Fil-A, Inc. t/d/b/a Chick-Fil-A at Mechanicsburg i amounts exceeding the limits of mandatory arbitration in Cumberland County, Pennsylvania, t together with lawful interest thereon, delay damages, costs of suit and any other relief that the Court may deem necessary or appropriate. Dated: ~ ~ ~ Respectfully Submitted, SKARLATOSZONARICH LLC John R. Zonarich, Esq. - PA IIJ# 19632 John B. Zonarich, Esq. - PA ID# 79989 Brian W. Mains, Esq. - PA ID# 310479 Attorneys for Plan 2 r VERIFICATION Pursuant to Pennsylvania Rule of Civil Procedure 1024(c), and subject to the penalties 18 Pa.C.S.A. Sec. 4904 relating to unsworn falsification to authorities, I, Brian W. Esquire, declare that I am the attorney for Plaintiffs; that I am authorized to make verification on their behalf; that my clients either lack sufficient knowledge and i about the events that are the subject of the foregoing document, or are out of the jurisdiction ~f the Court; therefore, I submit this verification based upon my participation in said events a d corresponding knowledge and information which I believe to be true and correct. Dated: ~''f ~ ~ ~y~2-,~ Brian W. Mains, Esq. i CERTIFICATE OF SERVICE I, Brian W. Mains, Esq. hereby certify that I this day served a copy of the RESPONSE upon the person(s) indicated below by sending a copy of the same via postage prepaid, U.S. Mail addressed as follows: Gerard X. Smith, Esq. Suzanne K. Mintzer, Esq. Naulty, Scaricamazza & McDevitt LLC 1617 John F. Kennedy Boulevard One Penn Center, Suite 750 Philadelphia, PA 19103 Dated: ~ t2- ~~ ~/ ~~ Brian W. Mains, Esq. ~ _ NAULTY, SCARICAMAZZA & McDEVITT, LLC BY: GERARD X. SMITH, ESQUIRE Identification Number: 40927 1617 John F. Kennedy Boulevard One Penn Center, Suite 750 Philadelphia, PA 19103 (215) 568-5116 C ~' r a+ -v ~~ ,,,~~, ~~ ,~„ c~° Q ~~ ~ ~ ~ a ~~ ~,;c w ~~ z ATTORNEY FOR DEFENDANTS '` ca '' ;~ =~~`. PEYTON J. MOLL, a minor, by LEIGHANN and ', COURT OF COMMON PLEAS SHANE MOLL, his p/n/g ;CUMBERLAND COUNTY VS ~ NO. 11-6037 BRIAN GIBBON, individually and BRIAN GIBBON t/d/b/a CHICK-FIL-A AT MECHANICSBURG, CHICK-FIL-A, INC. and CHICK-FIL-A, INC. t/d/b/a CHICK-FIL-A AT MECHANICSBURG RESPONSE OF DEFENDANTS TO PLAINTIFF'S MOTION TO COMPEL DISCOVERY Plaintiff filed a Motion to Compel Discovery against Defendants on or about August 17, 2012. 2. In addition to seeking Answers to discovery within ten days, plaintiff seeks a waiver of all objections on Defendants' behalf and possible sanctions. 3. This Honorable Court has not issued a Rule returnable to date. 4. Defendants provided Plaintiff with Responses to their Pre-Complaint Interrogatories and Request for Production of Documents on October 19, 2011. 5. The current Motion relates to standard discovery including Interrogatories and Request for Production of Documents. 6. Defendants seek an Order granting Defendants additional time to answer discovery as well as retaining their right of objection. 7. This matter involves the alleged burning of a minor at the Mechanicsburg C fil-A store. It was Defendants' understanding that Plaintiff would be presenting the minor for __T _ _ examination by defense counsel during the Summer of 2012 to assess his current condition to schedule a Mediation. Unfortunately, minor Plaintiff never returned to the Pennsylvania ar this summer and Defendant was not afforded that opportunity. During that period, discovery was on the proverbial "back-burner." 8. Plaintiff now files the within Motion to obtain discovery responses from Defendant. Defendant intends to answer same and requests the Court issue an Order g them thirty (30) days to do so while retaining their right of objection. Respectfully submitted, NAULTY SCARI AMAZZA & McDEVITT, LLC BY: GERARD X. SMITH, ESQUIRE Attorney for Defendants NAULTY, SCARICAMAZZA & McDEVITT, LLC BY: GERARD X. SMITH, ESQUIRE Identification Number: 40927 1617 John F. Kennedy Boulevard One Penn Center, Suite 750 Philadelphia, PA 19103 (215) 568-5116 ATTORNEY FOR DEFENDANTS PEYTON J. MOLL, a minor, by LEIGHANN and ', COURT OF COMMON PLEAS SHANE MOLL, his p/n/g ;CUMBERLAND COUNTY VS ; NO. 11-6037 BRIAN GIBBON, individually and BRIAN GIBBON t/d/b/a CHICK-FIL-A AT MECHANICSBURG, CHICK-FIL-A, INC. and CHICK-FIL-A, INC. t/d/b/a CHICK-FIL-A AT MECHANICSBURG VERIFICATION I, Gerard X. Smith, Esquire, do hereby verify that I am attorney for the Defendants in foregoing action and that the facts set forth in the foregoing pleading are true and correct to best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. NAULTY, SCARICAMAZZA & McDEVITT, LLC BY: L~~~~~w _ Gerard X. Smith, Esquire Attorney for Defendants NAULTY, SCARICAMAZZA & McDEVITT, LLC BY: GERARD X. SMITH, ESQUIRE Identification Number: 40927 1617 John F. Kennedy Boulevard One Penn Center, Suite 750 Philadelphia, PA 19103 (215) 568-5116 ATTORNEY FOR DEFENDANTS PEYTON J. MOLL, a minor, by LEIGHANN and ', COURT OF COMMON PLEAS SHANE MOLL, his p/n/g ~ CUMBERLAND COUNTY VS ; NO. 11-6037 BRIAN GIBBON, individually and BRIAN GIBBON t/d/b/a CHICK-FIL-A AT MECHANICSBURG, CHICK-FIL-A, INC. and ', CHICK-FIL-A, INC. t/d/b/a CHICK-FIL-A AT MECHANICSBURG CERTIFICATE OF SERVICE I, Gerard X. Smith, Esquire, hereby certify that the foregoing Response to Plaintiff's Motion was sent to the Prothonotary on August 31, 2012. Said pleading has been served u all opposing counsel or unrepresented parties via a-mail or by U.S. Mail, First Class, postage prepaid, addressed as follows: John B. Zonarich, Esquire 17 South Second Street, 6th Floor Harrisburg, PA 17101 NAULTY, SCARICAMAZZA & McDEVITT, LLC BY: GERARD X. SMITH, ESQUIRE Attorney for Defendants SKARLATOSZONARICH LLC f I�'t( John R.Zonarich,Esq. 201.3 JUL, 1 [ John B.Zonarich,Esq. ni 1 t ' Brian W.Mains,Esq. °�ll`1E3ERLtoND COUD %l Skarlatos&Zonarich Building PE 17 South Second Street,6`n Floor YL VA ' IQ Harrisburg,Pennsylvania 17101 (717)233-1000(phone) (717)233-6740(facsimile) Attorneys for Plaintiffs/Movants PEYTON J. MOLL, a Minor, by COURT OF COMMON PLEAS LEIGHANN and SHANE MOLL, his Parents CUMBERLAND COUNTY, and Natural Guardians, and PENNSYLVANIA LEIGHANN and SHANE MOLL, husband and wife Plaintiffs, Consolidated Case No. 11-6037 VS. Civil Action- Law BRIAN GIBSON, Individually and BRIAN GIBSON t/d/b/a CHICK-FIL-A AT MECHANICSBURG, CHICK-FIL-A, INC., and CHICK-FIL-A, INC. t/d/b/a CHICK-FIL-A AT MECHANICSBURG, Defendants. UNOPPOSED MOTION FOR LEAVE OF COURT TO FILE PLAINTIFFS' PETITION FOR APPROVAL OF A MINOR'S SETTLEMENT UNDER SEAL AND NOW come Plaintiffs, Peyton J. Moll, a Minor, by Leighann and Shane Moll, his Parents and Natural Guardians, and Leighann and Shane Moll, husband and wife, by and through their attorneys, SkarlatosZonarich LLC, to move this Court for an order granting Plaintiffs leave of court to file their Petition for Approval of a Minor's Settlement Under Seal, and in support thereof state: 1. This civil action has settled. Plaintiffs will soon seek approval of the settlement on behalf of the minor-plaintiff. 2. As a condition of the settlement agreed to by Plaintiffs and Defendants, the terms of the settlement are to remain confidential. 3. In furtherance of the confidentiality provision of the settlement, Plaintiffs move this Court for an order granting Plaintiffs leave of court to file their Petition for Approval of a Minor's Settlement under seal. 4. The interests of justice will not be hindered by sealing the terms of this settlement and the contents of Plaintiffs' Petition. 5. On July 8, 2013, a full and complete copy of this Motion and proposed Order was emailed to counsel for the Defendants, Gerard Smith, Esquire, seeking his concurrence and he represented that he concurred. 6. The Honorable Albert H. Masland has previously ruled on discovery issues in this case. WHEREFORE, Plaintiffs request that this Court grant Plaintiffs leave of court to file their Petition for Approval of a Minor's Settlement under seal. Respectfully submitted, Skar at I sZo rich LLC Dated: July 10, 2013 By: Jon FAJ ch Esquire Identification No. 19632 John B. Zonarich, quire Identification No. 79989 Brian W. Mains, Esquire Identification No. 310479 Skarlatos &Zonarich Building 17 South Second Street, 6th Floor Harrisburg, Pennsylvania 17101-2039 717.233.1000 (Telephone) Attorneys for Plaintiffs/Movants 2 VERIFICATION I, John B. Zonarich, Esquire, verify that the statements made in the foregoing Motion and are true and correct based upon present information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A. section 4904, relating to unsworn falsification to authorities: Date: �� �?✓ John B' ch, squire Attorney Plaint CERTIFICATE OF SERVICE I, Sherry L. Devlin, an employee with the law firm of SkarlatosZonarich LLC, hereby certify that I this day served a copy of the foregoing UNOPPOSED MOTION FOR LEAVE OF COURT TO FILE PLAINTIFFS' PETITION FOR APPROVAL OF A MINOR'S SETTLEMENT UNDER SEAL upon the person(s) indicated below by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, and addressed as follows: Gerard Smith, Esquire Naulty, Scaricamazza& McDevitt, LLC 1617 John F. Kennedy Blvd One Penn Center, Suite 750 Philadelphia, PA 19103 Date: July 10, 2013 Alh�erL. lin Legal Assistant PEYTON J. MOLL, a Minor, by COURT OF COMMON PLEAS LEIGHANN and SHANE MOLL, his Parents CUMBERLAND COUNTY, and Natural Guardians, and PENNSYLVANIA LEIGHANN and SHANE MOLL, husband and wife Plaintiffs, Consolidated Case No. 11-6037 VS. Civil Action - Law c) Cl BRIAN GIBSON, Individually and BRIAN GIBSON c (=;o "T, t/d/b/a CHICK-FIL-A AT MECHANICSBURG, rnM c �' CHICK-FIL-A, INC., and CHICK-FIL-A, INC. t/d/b/a -� r-- 3 CHICK-FIL-A AT MECHANICSBURG, Defendants. -q c:, =C) _ ORDER AND NOW, this day of G 2013, upon consideration of Plaintiffs' Unopposed Motion for Leave of Court to File Plaintiffs' Petition for Approval of a Minor's Settlement Under Seal, IT IS HEREBY ORDERED that Plaintiffs' Motion is GRANTED, and their Petition for Approval of a Minor's Settlement shall be filed under seal. BY THE COURT: J. 4 tstribution: J n B.Zonarich,Esq.,SkarlatosZonarich LLC, 17 South Second Street,6th Floor,Harrisburg,Pennsylvania 17101. Gerard Smith,Esq.,Naulty, Scaricamazza&McDevitt,LLC, 1617 John F.Kennedy Blvd,One Penn Center, Suite 750, Philadelphia,PA 19103. 4 , SKARLATOSZONARICH LLC John R.Zonarich,Esq. ,= _{i' L d '! John B.Zonarich,Esq. t Brian W.Mains,Esq. f k Skarlatos&Zonarich Building 17 South Second Street,6`h Floor „1.3!'�t�3EF�L;�,�D Harrisburg,Pennsylvania 17101 E414 S'f 1-\'INS 1 A (717)233-1000(phone) (717)233-6740(facsimile) Attorneys for Plaintiffs PEYTON J. MOLL, a Minor, by COURT OF COMMON PLEAS LEIGHANN and SHANE MOLL, his Parents CUMBERLAND COUNTY, and Natural Guardians, and PENNSYLVANIA LEIGHANN and SHANE MOLL, husband and wife Plaintiffs, Consolidated Case No. 11-6037 VS. Civil Action - Law BRIAN GIBSON, Individually and BRIAN GIBSON t/d/b/a CHICK-FIL-A AT MECHANICSBURG, CHICK-FIL-A, INC., and CHICK-FIL-A, INC. t/d/b/a CHICK-FIL-A AT MECHANICSBURG, Defendants. PRAECIPE TO DISCONTINUE Pursuant to Pa.R.C.P. No. 229, Pa.R.C.P. No. 2039 and the Order of the Court dated July 18, 2013,please mark the above referenced case discontinued with prejudice, as to all defendants. Respectfully submitted, Ska at sZo rich LLc Dated: August 22, 2013 By: John ich Esquire Identi i ation No. 19632 John B. Zonarich, squire Identification No. 79989 Skarlatos &Zonarich Building 17 South Second Street, 6th Floor Harrisburg, Pennsylvania 17101-2039 717.233.1000 (Telephone) Attorneys for Plaintiffs - 1 - h CERTIFICATE OF SERVICE I, Sherry L. Devlin, an employee with the law firm of SkarlatosZonarich LLC, hereby certify that I this day served a copy of the foregoing PRAECIPE TO DISCONTINUE upon the person(s) indicated below by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, and addressed as follows: Gerard Smith, Esquire Naulty, Scaricamazza& McDevitt, LLC 1617 John F. Kennedy Blvd One Penn Center, Suite 750 Philadelphia, PA 19103 Date: August 22, 2013 S erry L. D- ev Legal Assistant